Jesse A. Herrera of El Paso County, State Bar No. 00784261, has been publicly reprimanded for the following violations of the Texas Disciplinary Rules of Professional Conduct:

• Rule 7.02(a)(1): A lawyer shall not make or sponsor a false or misleading communication about the qualifications or the services of any lawyer or firm. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; and

• Rule 7.07(c): Except as provided in paragraph (e) of this rule, a lawyer shall file with the Advertising Review Committee of the State Bar of Texas, no later than its first posting on the internet or other comparable network of computers, information concerning the lawyer’s or lawyer’s firm’s website. As used in this rule, a “website” means a single or multiple page file, posted on a computer server, which describes a lawyer or law firm’s practice or qualifications, to which public access is provided through publication of a uniform resource locator (URL). The filing shall include: 1. the intended initial access page of a website; 2. a completed lawyer advertising and solicitation communication application form; and 3. a check or money order payable to the State Bar of Texas for the fee set by the board of directors. Such fee shall be for the sole purpose of defraying the expense of enforcing the rules related to such websites.

The July 6 agreed judgment orders Herrera to pay $850 in attorney fees and direct expenses to the State Bar of Texas.

(Evidentiary Panel 17-2, S0021226694)

Michael Machado of Bexar County, State Bar No. 12760475, has been placed on probation for six months for the following violations of the Texas Disciplinary Rules of Professional Conduct:

• Rule 1.01(b)(1): In representing a client, a lawyer shall not neglect a legal matter entrusted to the lawyer;

• Rule 1.03(a): A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; and

• Rule 1.15(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payments of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law only if such retention will not prejudice the client in the subject matter of the representation.

The June 18 agreed judgment orders Machado to pay $800 in attorney fees and direct expenses to the State Bar of Texas, to pay $1,810 and $1,400 in restitution, and to make contact with the Chief Disciplinary Counsel’s office’s compliance monitor and special programs coordinator.

(Evidentiary Panel 10-2, S0051125410, S0051125351)

Michael Machado of Bexar County, State Bar No. 12760475, has been placed on probation for six months for the following violations of the Texas Disciplinary Rules of Professional Conduct:

• Rule 1.01(b)(1): In representing a client, a lawyer shall not neglect a legal matter entrusted to the lawyer;

• Rule 1.03(a): A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information;

• Rule 1.15(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payments of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law only if such retention will not prejudice the client in the subject matter of the representation; and

• Rule 8.04(a)(8): A lawyer shall not fail to timely furnish to the Chief Disciplinary Counsel’s office or a district grievance committee a response or other information as required by the Texas Rules of Disciplinary Procedure, unless he or she in good faith timely asserts a privilege or other legal ground for failure to do so.

The June 18 agreed judgment orders Machado to pay $500 in attorney fees and direct expenses to the State Bar of Texas, to pay $5,000 in restitution, and to make contact with the Chief Disciplinary Counsel’s office’s compliance monitor and special programs coordinator.

(Evidentiary Panel 10-2, S0041125256)

Michael Machado of Bexar County, State Bar No. 12760475, has been placed on probation for six months for the following violations of the Texas Disciplinary Rules of Professional Conduct:

• Rule 1.01(b)(1): In representing a client, a lawyer shall not neglect a legal matter entrusted to the lawyer;

• Rule 1.03(a): A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information;

• Rule 1.15(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payments of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law only if such retention will not prejudice the client in the subject matter of the representation; and

• Rule 8.04(a)(8): A lawyer shall not fail to timely furnish to the Chief Disciplinary Counsel’s office or a district grievance committee a response or other information as required by the Texas Rules of Disciplinary Procedure, unless he or she in good faith timely asserts a privilege or other legal ground for failure to do so.

The June 18 agreed judgment orders Machado to pay $500 in attorney fees and direct expenses to the State Bar of Texas, to pay $2,000 in restitution, and to make contact with the Chief Disciplinary Counsel’s office’s compliance monitor and special programs coordinator.

(Evidentiary Panel 10-2, S0121024607)

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