F|LE NO.201805882 THE MATTER oF: S PANEL ALBHRT Ptcc ...
Transcript of F|LE NO.201805882 THE MATTER oF: S PANEL ALBHRT Ptcc ...
F|LE NO.201805882
lN THE MATTER oF: S tNVEsTtGAToRy PANEL 6.3swtLLtAM ALBHRT Ptcc, $ DtsTRtcr 6
BAR No. 240s2009 I cRtEvANcE coMMtrrEE
Chief Disr:iptinary Counsel (Petitioner) and Respondent, wtLL|AM ALBERT ptGG
(Respondent), Texas l3ar Number 24057009, announce that an agreement has been
reached on all matters including the imposition of a public Reprimand.
Jurisdiction and Venue
The lnves;tigatory Panel 6-3, having been duly appointed to hear this Complaint by
the chair of the r3rievance Committee for State Bar of Texas District 6, finds that it has
jurisdiction over lhe parties and the subject matter of this action, and that venue is proper.
Professional Misconduct
The lnvestigatory Panel, having considered the admissions, stipulations and
agreements of the parties, finds Respondent has committed Professional Misconduct as
defined by Rule 1.06(cc) of the Texas Rules of Disciplinary procedure.
Flndings of Fact
Petitioner and Respondent agree to the following findings of fact. Accordingly, the
lnvestigatory Panel fi nds:
1' Resporndenl is an attorney licensed to practice law in Texas and is a memberof the t3tate Etar of Texas.
2. Respondent resides in and maintains his principal place of practice in DallasCounty', Texas.
lAorsod Judomont of Publlc Reprlmand - ?loo.ggE2Page 1 of 5
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Aqrgemqnt of parfles
3' Complainant Robin E. Johnson retained Respondent and paid a retainer.Upon termination of representation, Respondent failed to refund advancepayments o1'fee that had not been earned,
4' William Nellis (Netlis) is a disbaried lawyeremployed by Respondent. Nellisenga(led in jhe practice of law when his'right to' praciice nro u*"nterminated. Respondent permitted Nellis' conduct.
5. Resptlndent assisted a person who is not a member of the bar in theperformancerof activity that constitutes the unauthorized practice of t.*.6. Respondent shared fees with Nellis.
7 ' Respondent owes restitution in the amount of Two Thousand Five Hundredand 0l)/100 Dollars ($2,soo.oo) payable to Robin E. Johnson.
8, The C)hief Drisciplinary Counsel of the State Bar of Texas has incurredreasonable afiorney's fees and direct expenses associated with thisDisciplinary Proceeding in the amount of OneThousand and 00/,100 Dollars($1,ooo,oo).
Concluslons of Law
Based on the agreed foregoing flndings of fact, the lnvestigatory panelfinds that the
following Texas Disciplinary Rules of Professional Conduct have been violated: Rules
1.15(d), 5.03(bX1), S.0,1(a), and S.05(b).
Sanctior!
It is AGRIEED and ORDERED that the sanction of a Public Reprimand shall be
imposed against Respondent and is in accordance with Part XV of the Texas Rules of
Disciplinary Procedure.
,Additional Continuino Leqal Education
ln addition to complying with the Minimum Continuing Legal Education (MCLE)
requirements of the Starte Bar of Texas, Respondent shall complete three (3) additional
hours of continuittg legerl education in the area of Ethics and three (3) additional hours of
continuing legal erducation in the area of Law Practice Management. These additional six
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(6) hours of CLE are to be completed between April 1, zolg and september 30, 2019.
Within ten (10) days of the completion of these additional CLE hours, Respondent shall
verify completicn of ttre course to the state Bar of Texas, chief Disciplinary counsel,s
office, P'O. Bor: 1248it, Austin, Tx78711-2487 (1414Colorado St., Suite 200, Austin, TX
78701).
Respondent shall make contact with the Chief Disciplinary Counsel's office,s
Compliance Monitor at 877-953-5535, ext. 1334 and Special programs Coordinato r atgTT-
953-5535, ext. '1323, not later than seven (7) days after receipt of a copy of this judgment
to coordinate Rerspondent,s compliance.
It is further AGREED and ORDERED Respondent shatl pay restitution to Robin E,
Johnson in the arrnoufll of Two Thousand Five Hundred and O0/100 Dollars ($2,SOO.oO;.
Said restitution r;hall be paid by cashier's check or money order, made payable to the
Robin E. Johnson, and submitted contemporaneouslywith the signing of this judgment, to
the State Bar of 'fexas, Chief Disciplinary Counsel's Office, 14651 Dallas parkway, Suite
925, Dallas, Texils lS2S4.
It is furtherr AGFIEED and ORDERED Respondent shall pay all reasonable and
necessary attorn,ey's fe,es and direct expenses to the State Bar of Texas in the amount of
One Thousand and 00/100 Dollars ($1,000.00), Said attomey's fees and expenses shall
be paid by cashierr's check or money order, made payable to the State Bar of Texas, and
submitted contenrporaneously with the signing of this judgment, to the State Bar of Texas,
Chief Disciplinary Counsel's Office, 14651 Dallas Parkway, Suite g2S, Dallas, Texas
75254.
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It is furtherAGFIEED and ORDERED that allamounts ordered herein are due to the
misconduct of Respondent, and are assessed as a part of the sanction in accordance with
Rule 1'06(FF) of the Texas Rules of Disciplinary Procedure. Any amount not paid shall
accrue interest ert the maximum legal rate per annum until paid and the State Bar of Texas
shall have all writs anrd other post-judgment remedies against Respondent in order to
collect all unpaicl amounts.
Pitbticatig
This reprirnand shall be made a matter of public record and appropriately published
in accordance with the Texas Rules of Disciplinary procedure.
Other Relief
All requesited relief not expressly granted herein is expressly DENIED.
srcNED this ;Z? day of 1 ,rl _, 201e.
INVESTIGATORY PANEL 6.3DISTRICT 6
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Lee CraigPresiding Member