Disciplinary Notices, 1113 ALBJ, 74 The Alabama Lawyer 412 (2013)

DISCIPLINARY NOTICES

Vol. 74 No. 6 Pg. 412

Alabama Bar Lawyer

November, 2013

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Reinstatement

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0• Birmingham attorney David Walker Steelman was reinstated to the practice of law in Alabama, effective May 20, 2013, by order of the Supreme Court of Alabama. The supreme court's order was based upon the decision of Panel I of the Disciplinary Board of the Alabama State Bar granting the petition for reinstatement filed by Steelman on November 29, 2012. Steelman was suspended from the practice of law in Alabama, effective August 20, 2008, by order of the Disciplinary Commission of the Alabama State Bar. [Rule 28, Pet. No. 2013-2138]

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Disbarment

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0• Montgomery attorney David Coleman Yarbrough was disbarred from the practice of law in Alabama by order of the Supreme Court of Alabama, effective August 7, 2013. The Alabama Supreme Court entered its order based upon the July 8, 2013 report and order of Panel II of the Disciplinary Board of the Alabama State Bar disbarring Yarbrough.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0In ASB No. 2003-1352(A), Yarbrough was found guilty of violating Rules 4.1(a), 8.4(a), 8.4(c) and 8.4(g), Ala. R. Prof. C. Yarbrough represented the plaintiff on a contingency-fee basis in a lawsuit. After filing suit, the opposing party filed a counter-claim. As a result of the counter-claim, Yarbrough's client sought coverage by their insurer. The insurance company retained Yarbrough to defend his client on the counter-claim at a rate of $200 per hour. Yarbrough misrepresented a settlement amount to the insurance company's in-house counsel and convinced the insurance company to settle the case for $455, 000. In fact, Yarbrough had already negotiated a settlement of $125, 000 with the opposing counsel. The $455, 000 was deposited into Yarbrough's trust account. He disbursed the $125, 000 settlement and then disbursed $214, 500 to his client and $115, 000 to himself. Yarbrough was later sued by the insurance company. He authorized a settlement of approximately $400, 000. Yarbrough's malpractice insurer paid the settlement. Other testimony demonstrated Yarbrough previously sought assistance of opposing counsel in defrauding the insurance company by refunding the excess funds after settlement.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0In ASB No. 2009-1810(A), Yarbrough was found guilty of...

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