HOUSTON — The State Bar of Texas has released its disciplinary actions for March, showing that one attorney has been disbarred while several others have been suspended.
On Oct. 9, Nickolas Spencer of Houston received a default judgment of disbarment. An evidentiary panel found that Spencer, in representing his client, neglected the legal matter entrusted to him.
He was ordered to pay $1,200 in restitution and $1,990 in attorneys’ fees and costs.
On Dec. 17, Joe Luna of Crystal City accepted a five-year fully probated suspension. An evidentiary panel found that he neglected client matters, failed to keep clients reasonably informed and promptly comply with reasonable requests for information, failed to explain legal matters to the extent reasonably necessary to permit his clients to make informed decisions regarding their representation, and failed to memorialize a contingent fee agreement in writing,
Luna agreed to pay $4,000 in attorneys’ fees and direct expenses.
On Jan. 15, Stephanie Holan of Austin received an agreed judgment of fully probated suspension.
An investigatory panel found that Holan was hired by the complainant for representation in a family law matter and that Holan neglected the legal matter entrusted to her and frequently failed to carry out completely the obligations she owed to the complainant; accepted and continued employment in representing the complainant in a matter that she knew was beyond her competence; and failed to keep the complainant reasonably informed about the status of a matter and to explain a matter to the extent reasonably necessary to permit the complainant to make informed decisions regarding the representation.
Holan was ordered to pay $750 in attorneys’ fees and direct expenses.
On Jan. 13, James Beam of Wichita Falls received a fully probated six-month suspension. An evidentiary panel found that in a contested probate matter, Beam failed to timely respond to written discovery requests, resulting in a motion for summary judgment based on deemed admissions.
Beam also failed to advise the complainant of the nature of the MSJ hearing. Without the complainant’s knowledge or consent, Beam affixed the complainant’s signature to the motion to substitute counsel, motion to withdraw deemed admissions, and motion for continuance of summary judgment hearing.
The court granted the motion to substitute, denied the motion to withdraw deemed admissions, denied the motion for continuance, and granted summary judgment in favor of the opposing party.
During this time, the complainant’s numerous attempts to communicate with Beam went largely unanswered, the Bar’s report states.
Beam failed to provide an accounting upon the complainant’s request and failed to keep the advanced fee paid by the client separate from his own property. He also failed to return unearned fees in a timely manner. Beam also failed to file a response to the grievance.
Beam was ordered to pay $2,686 in attorneys’ fees and direct expenses.
