Friday, December 18, 2009

Moooore 2009 Mississippi Bar Sanctions

I was going to post the sections from each issue of the Mississippi Lawyer once a week until I finished using the issues available online but the response has been so positive, I'm going to post these sanctions that were first reported in the Feburary 2009 issue. Here we go:

Richard Burdine of Columbus: 2 year suspension. Failed to respond to bar complaint. Mr. Burdine quit communicating with his client and didn't notify him of a then-four month bar suspension in August, 2006. Mr. Burdine took a client's money in another case then quit communicating with the client. Mr. Burdine also failed to respond to that bar complaint as well. Mr. Burdine also filed to file any answers, defenses, objections, or pleadings in any of these bar complaints.

Glen Folse of Madison: 6 month suspension. Took $3,000 from client, didn't place money in his lawyer trust account. Mr. Folse then didn't do anything to represent the client and didn't communicate with the client. Mr. Folse also didn't answer the bar complaint.

Helen Kelly of Batesville: Public Reprimand. Represented spouse in a divorce. Client wanted Kelly to represent her in an action for a child modification. Lawyer demanded she first pay outstanding balance, which she failed to do and then obtained another lawyer. Kelly then represented the ex-husband in the child modification action. A bar complaint was filed by another client against Ms. Kelly for requiring the client to sign a contract with a clause stating her retainer was nonrefundable.

An attorney with no name: Private Reprimand. Hired by client to sue nursing home. Told client in April 2007 case would settle by December. Client found out after hiring another lawyer case was dismissed in April with prejudice. Lawyer also didn't reply to the Bar complaint. Blowing off the bar earned the shyster a private slap on the wrist. Attorney defended himself at the hearing and explained he was very ill and case was dismissed because his illness caused him to miss several deadlines.

An attorney with no name: Private Reprimand. Took $1,000 from client but agreed instead to contingency fee on an appeal of a decision by the Social Security Administration. Attorney didn't appeal decision but kept money even though he agreed to a contingency fee arrangement.

Posted by Kingfish at 10:13 AM

8 comments:

Anonymous said...

Do these clients usually get their money returned?

December 18, 2009 at 4:05 PM
Anonymous said...

So I have a question after seeing all this. If a layman were to practice law and they were sanctioned for UAPL one could ignore the bar and continue with no repercussions?

Do insurance carriers (malpractice) monitor this information and/or is the Bar required to release names to the insurance carriers?

December 18, 2009 at 5:04 PM
Anonymous said...

Logic would dictate that if the average citizen could be punished or prosecuted for UPL, then the Bar, in fact, has more power over private citizens than it does its own members.

December 18, 2009 at 5:09 PM
Anonymous said...

practicing law without a license is a felony.

December 18, 2009 at 7:27 PM
Anonymous said...

Do insurance carriers (malpractice) monitor this information and/or is the Bar required to release names to the insurance carriers?

I am not sure, but they ask about malpractice during the application process. Lying makes you subject to a denial of coverage on down the road.

December 19, 2009 at 12:02 AM
Anonymous said...

So, under the above assumptions, the lawyer who was suspended and continued to practice de facto committed a felony?

December 19, 2009 at 9:59 AM
Anonymous said...

So, under the above assumptions, the lawyer who was suspended and continued to practice de facto committed a felony?

There was no intent to break the law. He forgot to pay his dues. Big difference from falsifying documents and knowingly breaking the law.

December 19, 2009 at 11:24 PM
Anonymous said...

Actually, it said he was suspended and did not pay dues. Forgetting to pay your annual professional dues to maintain your license is an act -more than once- not forgetfulness. If he is representing a client as an attorney and signing the documents as an attorney, he is falsifying documents?

December 20, 2009 at 10:24 AM

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.