Disciplinary Notices
| Publication year | 2011 |
| Pages | 0165 |
| Citation | Vol. 72 No. 2 Pg. 0165 |
TRANSFER TO DISABILITY INACTIVE STATUS
DISBARMENT
SUSPENSIONS
PUBLIC REPRIMANDS
MISCELLANEOUS
Transfer to Disability Inactive Status
• Oneonta attorney Harold Jerome Colley was transferred to disability inactive status pursuant to Rule 27(c), Ala. R. Disc. P., effective November 23, 2010, by order of the Disciplinary Board of the Alabama State Bar. [Rule 27(c), Pet. No. 10-1819]
Disbarment
• Birmingham attorney Jacob Calvin Swygert, Jr. was disbarred from the practice of law in Alabama, effective October 19, 2010, by order of the Supreme Court of Alabama. The supreme court entered its order based upon the October 19, 2010 order of Panel II of the Disciplinary Board of the Alabama State Bar.
In ASB No. 09-1039(A), Swygert was determined to be guilty of violating rules 1.3, 1.15(a), 1.15(b), 1.15(d) 1.15(e), 4.1(a), 8.1(b), 8.4(a), 8.4(c), and 8.4 (g), Alabama Rules of Professional Conduct. According to the formal charges, in or around January 2008, Swygert signed a letter of protection to a chiropractic center on behalf of a client. Swygert subsequently settled the case in June 2008 and withheld funds from the client to pay the chiropractic center. Swygert failed to contact the chiropractic center and failed to honor the letter of protection. Swygert subsequently failed or refused to provide a response to the Office of General Counsel of the Alabama State Bar regarding this matter.
In ASB No. 09-2552(A), Swygert was determined to be guilty of violating rules 1.3, 1.4(a) and (b), 8.1(b), and 8.4(a) and (g), Ala. R. Prof. C. According to the formal charges, in or around December 2006, Swygert was retained to represent a client in a wrongful death suit after the client's daughter was killed in an automobile accident. Swygert advised the client that he had settled the matter for $20,000 and that he would later pursue a suit against the client's own insurance company. Swygert failed to pursue the lawsuit on behalf of the client, failed to provide the client with an accounting of the $20,000 and failed to communicate further with the client about her case. Swygert subsequently failed or refused to provide a response to the Office of General Counsel of the Alabama State Bar regarding this matter.
In ASB No. 09-2758(A), Swygert was determined to be guilty of violating rules 1.3, 1.4(a), (b), 1.16(d), and 8.4(a) and (g), Ala. R. Prof. C. According to the formal charges, Swygert was retained to represent a client on a de novo appeal to the circuit court after a judgment was entered against the client concerning a car accident. The client did not know that Swygert decided to quit practicing law sometime in May 2009. The client's case was called for a hearing in June 2009. Swygert failed to appear for the hearing and failed to notify the client of the hearing. As a result, the client's appeal was dismissed and the judgment was affirmed. Swygert then filed a motion to withdraw with the Jefferson County Circuit Court, in which he admitted that he had quit practicing law and had failed to provide the court with his new mailing address. As a result of Swygert's failures, the client was not made aware that his case had been set for hearing.
Formal charges were filed against Swygert in ASB nos. 09-1039(A), 09-2552(A) and 09-2758(A). The formal charges and summons were served by publication in The Alabama Lawyer July 15, 2010. Swygert failed to file an answer to the formal charges and a default judgment was entered August 17, 2010. An order setting a hearing to determine discipline was sent to Swygert by certified and regular mail at his last known address on August 26, 2010. A hearing to determine discipline was conducted October 19, 2010 by Panel II of the Disciplinary Board. Swygert failed to appear at this hearing. Following the hearing to determine discipline, the board ordered that Swygert be disbarred. [ASB nos. 09-1039(A), 09-2552(A) and 09-2578(A)]
Suspensions
• Birmingham attorney Dagney Johnson was suspended from the practice of law in Alabama by order of the Supreme Court of Alabama for 91 days, effective December 1, 2010. The supreme court entered its order based upon the Disciplinary Commission's acceptance of Johnson's conditional guilty plea in which Johnson admitted that she violated rules 1.15(a), (f) and (g), Ala. R. Prof. C. In ASB No. 08-221(A), Johnson was appointed as a guardian ad litem for a special needs child in a divorce case. During the course of the representation, both parties agreed that Johnson would take possession of funds to be used for the education and treatment of the special needs child. In or around February 2008, Johnson placed the funds into a money market account. In March and April 2008, Johnson used a debit card attached to the account for personal expenses. In April 2008, Johnson was notified by the bank that the account needed to be altered from a money market account to a regular checking account due to the high number of debit card transactions. Johnson contended that she mistakenly used the wrong debit cards and believed she was using the debit card attached to her firm account. Johnson did not replace the monies that she improperly withdrew from the account until July 2008. Johnson also failed to maintain an IOLTA trust account. [ASB No. 08-221(A)]
• Birmingham...
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