On August 11, 2020, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rules 8.4(c), (d), and (g) [Misconduct], Alabama Rules of Professional Conduct. In April of 2014, the attorney was contacted by a current client regarding a prospective loan he was making to an individual. The client had previously made a loan to the individual that she had failed to repay. The client hired the attorney to prepare a promissory note and mortgage for an additional loan the client was preparing to make to the individual. The promissory note and mortgage would include the amount owed on the prior loan and the amount owed on the subsequent loan. The collateral for the loan was to be property owned by the individual. When the attorney reviewed the title to the property, the attorney discovered the property was owned by the individual and her then husband, jointly. At the time of the loan, the individual and her then husband were married, but later divorced. The attorney prepared a promissory note and mortgage requiring the signature of both the individual and her ex-husband. The attorney subsequently signed as the notary on the promissory note and mortgage attesting that both the individual and her ex-husband had personally signed the documents in her presence. In 2016, the attorney was contacted by the client and was hired to foreclose on the property after the loan was not repaid. The attorney sent a certified letter to both the individual and her ex-husband notifying them of the pending foreclosure. The ex-husband contacted the attorney and informed her that he never signed the promissory note or mortgage and was unaware of the loan. The ex-husband informed the attorney he would sue her if the mortgage was not released. The attorney and her client subsequently agreed to release the mortgage. In May of 2019, the client sued the individual in order to collect on the promissory note. The ex-husband of the individual was not a party to the suit. During the court proceedings, the client admitted, under oath, to forging the signature of her ex-husband. The attorney was unable to recall whether the documents were signed in front of her. However, the attorney later admitted, most likely, that the promissory note and mortgage were returned to her office by the individual already signed and that she notarized the documents after the fact.

Nashville, Tennessee attorney Kristin Ashlee Forbes, who is also licensed in Alabama, surrendered her license on October 6, 2020. Forbes was issued a Show Cause Order on June 16, 2020 for non-compliance with the 2019 MCLE requirements. On August 4, 2020, Forbes responded to the Show Cause Order voluntarily surrendering her license to practice law in the State of Alabama. The Supreme Court entered its order based upon the Disciplinary Commission’s order accepting Forbes surrender of her license to practice law in the State of Alabama effective August 10, 2020.

The Alabama Supreme Court issued an order suspending Greenville attorney Heather Leigh Friday Boone from the practice of law in Alabama for a period of two years, effective August 9, 2020. The Supreme Court entered its order based upon the Disciplinary Board’s Order, wherein the Board found Boone guilty of violating Rules 1.3 [Diligence], 1.4(a) [Communication], 1.16(d) [Declining or Terminating Representation], and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. In April 2017, a client retained Boone to file an uncontested divorce. The client paid Boone a total of $895, and the client and his wife signed all of the necessary paperwork. Thereafter, the client repeatedly attempted to contact Boone between May 2017 and August 2018 for a status update but Boone failed to return the client’s telephone calls. In August 2018, the client and his wife learned Boone never filed the uncontested divorce. To date, Boone has failed to communicate with the client or refund any portion of the fee. After receiving the client’s complaint, the Alabama State Bar repeatedly ordered Boone to file a written response to the bar complaint, which she failed to do so.

The Alabama Supreme Court issued an order suspending Clanton attorney Angie Avery Mayfield from the practice of law in Alabama for a period of ninety-one (91) days, effective August 6, 2020. The Supreme Court entered its order based on Mayfield’s consent to the revocation of her probation. On October 30, 2018, the Disciplinary Commission ordered that Mayfield be suspended from the practice of law in the State of Alabama for a period of ninety-one (91) days, with the suspension to be held in abeyance. Mayfield was placed on a two (2) year probationary period, effective October 30, 2018. On January 21, 2020, the Office of General Counsel filed a Petition to Revoke Probation, requesting the Disciplinary Commission revoke Mayfield’s probation. The Bar’s Petition to Revoke Probation was based on Mayfield violating the terms of her probation by committing additional violations of the Alabama Rules of Professional Conduct. On July 7, 2020, Mayfield consented to the revocation of her probation. The Disciplinary Commission subsequently issued an Order on July 7, 2020, revoking Mayfield’s probation and imposing the ninety-one (91) day suspension.

San Francisco, California, attorney Rebecca Lynn Sherman, who is also licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Sherman be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Denver Colorado, attorney James Patrick Hackney, who is also licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Hackney be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Lineville, Alabama attorney Kimberly Hallmark, who is licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission's order that Hallmark be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Muscle Shoals, Alabama attorney Chase Russell Hutcheson, who is licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Hutcheson be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Birmingham, Alabama attorney Philip John Motches, who is licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Motches be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Alpharetta, Georgia attorney Clarence Richard, III, who is also licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Richard be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Huntsville, Alabama attorney Williams Joseph Gibbons, licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Gibbons be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

Atlanta, Georgia, Joshua Joseph Gotlieb, who is also licensed in Alabama, was suspended from the practice of law in the State of Alabama by the Supreme Court of Alabama, effective July 31, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s order that Gotlieb be suspended for failing to comply with the 2018 Mandatory Continuing Legal Education requirements of the Alabama State Bar.

The Alabama Supreme Court issued an order suspending McCalla attorney Cynthia Vines Butler from the practice of law in Alabama for a period of ninety-one (91) days, effective July 20, 2020. The Supreme Court entered its order based upon the Disciplinary Commission’s Order, wherein Butler admitted to violating Rules 1.5 [Fees], 1.7 [Conflict of Interest: General Rule], 1.8 [Conflict of Interest: Prohibited Transactions], 1.15 [Safekeeping Property], and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. Butler represented a client in matters relating to a wrongful death case and an estate. Butler was named as trustee and given sole discretion to determine how much of the net income and principal of the trust to distribute to her client. A total of $1,007,443.63 was collected and placed into trust. Butler opened a bank account for the trust and all monies were deposited into the trust. However, Butler failed to immediately remove her earned fees from the account. Butler had the client open a personal account at the same bank so that the distributions from the trust could be transferred directly into the client’s personal account. Butler was placed on the account as a joint owner with rights of survivorship. Butler distributed approximately $33,000.00 from the trust into the client’s personal bank account. Butler inadvertently used the majority of the funds to pay personal credit cards and/or make payments on her behalf. While acting as trustee, Butler collected an excess fee of approximately $42,610.04. Butler later repaid a portion of the excess fees. Additionally, Butler failed to maintain all trust account records, as required by Rule 1.15 [Safekeeping Property], Alabama Rules of Professional Conduct. Butler is required to repay $13,000 to the trust and complete the Practice Management Assistance Program.

On July 17, 2020, the Disciplinary Commission of the Alabama State Bar issued a private reprimand to an attorney for violating Rules 1.3 [Diligence], 1.4 [Communication], 1.15 [Safekeeping Property], 1.16(d) [Declining or Terminating Representation], and 8.4(g) [Misconduct], Alabama Rules of Professional Conduct. The attorney was retained to file an emergency petition for custody in January 2019 and agreed to immediately file the petition after payment of a $500 retainer. The client paid the $500 retainer. Thereafter, the client had difficulty contacting the attorney. After several weeks the client contacted the attorney for a status update and was told by the attorney he did not recall the client and did not have any information regarding the emergency petition. The attorney informed the client he would call him back after reviewing the file. After waiting several more weeks, the client telephoned the attorney for an update. The attorney asked the client to meet him and discuss the matter. At the meeting, the attorney agreed to expedite the client’s case for an additional payment of $500. The client paid the additional $500. In June 2019, the client telephoned the attorney for an update and was told he was away from his office and would call him back but failed to do so. The client subsequently contacted another attorney and learned the attorney failed to file anything on the client’s behalf. The attorney later returned the entire fee.

Haleyville attorney Jerry Dean Roberson was interimly suspended from the practice of law in the State of Alabama pursuant to Rules 8(c) and 20(a), Ala. R. Disc. P., by order of the Disciplinary Commission of the Alabama State Bar, effective July 15, 2020. The Disciplinary Commission’s order was based on a petition filed by the Office of General Counsel. Since April 16, 2019, Roberson has been ordered held in contempt at least seven (7) times by both circuit and district courts in Winston County. The most recent contempt order entered against Roberson, issued on February 20, 2020, ordered Roberson incarcerated in the Winston County jail for five (5) days. The court made the determination that Roberson submitted, for the second time, a forged, altered, or fraudulent document to the court in an effort to secure the release of a client from Winston County jail.