An elderly woman claims she had to go back to work at age 79, after her husband’s lawyer did not prepare “appropriate estate planning documents.” In her petition in Constance Lou Cole, Individually and as an Independent Executrix and Personal Representative of the Estate of Kenneth H. Cole v. Glass Phillips & Murray,Constance Lou Cole alleges that she is a former client of Dallas firm Glass, Phillips & Murray and its partner Erny G. Simmons. She alleges Simmons failed “to effectuate … the clear intent” of her husband, who died in 2010. In her Oct. 24 petition in 193rd District Court in Dallas County, she brings causes of action for negligence and negligent misrepresentation. Troy Phillips, the managing partner of Glass, Phillips, says the firm has not yet been served with the petition but he denies the allegations, saying the matter was handled properly and the plaintiff is a “disgruntled” beneficiary. Cole seeks damages and alleges that, in addition to returning to work, she has been forced to sell assets, including her 400-piece collection of Depression glass. Simmons declines comment. Doug Perrin of The Perrin Law Firm in Dallas, who represents Cole, did not return a call seeking comment.
El Paso Lawyer Convicted
A federal jury in the U.S. District Court for the Western District of Texas convicted El Paso lawyer Marco Antonio Delgado on Oct. 28 on one count of conspiracy to launder money, after prosecutors alleged at trial that Delgado helped launder up to $600 million in illegal drug proceeds. According to Robert Pitman, U.S. attorney for the Western District of Texas, federal prosecutors alleged to the jury that Delgado laundered money for the Milenio drug trafficking organization. They presented evidence linking Delgado to $1 million in drug money traveling from Atlanta to Mexico via El Paso, and they alleged that $50,000 seized from Delgado’s Interest on Lawyers’ Trust Account (IOLTA) was also connected to drug money, Pitman says. Delgado had pleaded not guilty. Delgado’s conviction is a significant one, says Pitman. “For a lot of reasons — not the least of which this was a well-regarded lawyer, active in the community and was considered a philanthropist — it was really discouraging,” Pitman says. “Unfortunately, he was giving away money that there was reason to believe” was connected to illegal funds, says Pitman, who notes that Delgado still faces trial on additional wire fraud and money laundering charges. Delgado has not yet been sentenced. “In the process, he became a culpable participant in the drug cartel . . . whose money he was laundering,” Pitman alleges. Ray Velarde, an El Paso attorney who defended Delgado at trial, did not return a call for comment. Delgado is in federal custody.
