Mississippi Bar 2020 Discipline
Mississippi Bar 2020 Discipline
Mississippi Bar 2020 Discipline
Disbarred Mr. Knight from the practice of law in accordance with Rule 6(a) of the
Rules of Discipline for the Mississippi State Bar (MRD) in Cause No. 2020-BD-00428-
SCT based upon his felony convictions to the crimes of possession of more than two (2)
grams but less than ten (10) grams of methamphetamine as a lesser included offense of
possession of more than two (2) grams but less than ten (10) grams of
methamphetamine with intent to distribute and possession of more than one-tenth
gram but less than two (2) grams of methamphetamine, Mississippi Code Section 41-29-
139(b)(1)(B) (Rev. 2018). Pursuant to Rule 12(d), MRD, Mr. Knight is ineligible to seek
reinstatement to the practice of law.
Thomas W. Belleperche of Fort Wayne, Indiana: The Supreme Court of
Mississippi Disbarred Mr. Belleperche in Cause No. 2019-BD-00908 in accordance
with Rule 13 of the Rules of Discipline of the Mississippi State Bar (MRD) based upon
Mr. Belleperche’s resignation from the practice of law in Indiana due to his having pled
guilty to a felony.
Three (3) informal [Bar] complaints were filed based upon reports from two
Mississippi lawyers and a federal judge alleging that Mr. Flechas had engaged in
professional misconduct in his dealings with certain litigation funding companies
and his subsequent misconduct in federal court.
Mr. Flechas represented Davion Norton, Petra Ches and Ken’Driana Gibbes along
with others in a mass tort action in Jefferson County, Mississippi styled Simon, et
al. v. Texaco, Inc., et al.; Cause No. 2007-110 (“the Simon matter”). The plaintiffs
in the Simon matter obtained a jury verdict in their favor of $19 million in 2009,
which the defendants appealed. While the Simon matter was on appeal, plaintiffs
Norton, Chess and Gibbs entered into a Confidential Judgment and Sale
Agreement (“the Agreement”) with a litigation funding company on June 29, 2011.
The Agreement provided that the company would advance $200,000 on a non-
recourse basis in exchange for a $400,000 interest in any judgment proceeds
ultimately recovered by Norton, Chess and Gibbs. The Agreement also provided
that any judgment proceeds would be paid directly to Mr. Flechas, who agreed to
disburse the funds to the company.
Mr. Flechas also entered into similar agreements with other litigation funding
companies regarding the expected judgment proceeds from the Simon matter. In
order to obtain funding from these litigation funding companies, Mr. Flechas
misrepresented the nature and extent of previous liens and other claims on the
judgment in the Simon matter. Ultimately the Simon matter was settled for $3.5
million while on appeal and funds were received by Mr. Flechas in September of
2013. Mr. Flechas failed to disclose the settlement to the litigation funding
companies. Likewise, he failed to remit any funds from the September 13, 2013
settlement to the litigation funding companies. Eventually, Mr. Flechas sent the
company a letter stating the settlement funds were insufficient to pay the company
under the Agreement. As a result, the lenders sued Mr. Flechas in the United States
District Court for the Southern District of Mississippi Cause No. 3:13-CV-00621-
DPJ-FKB consolidated with Cause No. 3:13-CV-636CWR-FKB.
On October 15, 2013, the federal court entered an order (the “Asset Freeze Order”)
requiring Mr. Flechas to provide an accounting of the total amount of funds
received in the Simon matter, any disbursements, any remaining funds, the identity
and location of accounts holding such funds and enjoining the distribution of any
remaining funds with limited exception. In response to the Asset Freeze Order, Mr.
Flechas submitted an affidavit on October 16, 2013, indicating that he transferred
$400,000.00 of the settlement funds to an account held by Flechas Family
Holdings, LLC.
The federal court then held a status conference on September 9, 2015 ordering Mr.
Flechas to submit an affidavit confirming that all funds remained deposited in the
same accounts. On September 23, 2015, Mr. Flechas submitted an affidavit
revealing $390,000.00 in the Flechas Family Holdings, LLC Account had been
disbursed. The funds held in the Flechas Family Holdings, LLC Account were
disbursed to Flechas Law Firm and then spent.
Mr. Flechas claimed to the federal court that he did not have control of these funds
to prevent the disbursement as required by the federal court’s Asset Freeze Order.
Flechas Family Holdings, LLC is owned in part by Mr. Flechas’ wife, a non-
lawyer. He submitted an affidavit to the federal court indicating that his wife
disbursed the funds without knowledge of the Asset Freeze Order and an affidavit
from his wife that she was not aware of the Asset Freeze Order in an attempt to
mislead the Court. Ultimately, Mr. Flechas admitted that he signed his wife’s name
on the checks from the Flechas Family Holdings, LLC account that were deposited
into the Flechas Law Firm operating account.
The federal court entered an Agreed Judgment of Contempt on October 19, 2015,
finding the transfer of funds was a violation of its October 15, 2013 Order. A
separate cause number for the contempt action was created by the federal court,
Cause No. 3:16-CV-722-DPJ-FKB. In the contempt action, Mr. Flechas admitted
to the federal court that he pays an individual to find and refer cases to him. He
also admitted to the federal court that he pays for personal items out of his firm
operating account to avoid tax liability.
Ultimately, Ms. Beasley was awarded a significant judgment against the Langs.
When the Langs demanded the return of their property, Mr. Flechas refused to
return it. Mr. Flechas actually pledged some of the Langs’ property as collateral for
a loan. Mr. Flechas also converted the Langs’ funds for his own benefit. When
questioned about these transactions in a deposition, Mr. Flechas refused to answer
despite being directed to answer by the Magistrate Judge. Mr. Flechas also failed to
produce documents in discovery despite an Order from the Magistrate Judge that
the documents be produced.
Rule 1.2(d), MRPC, provides that a lawyer shall not counsel a client to engage, or
assist a client, in conduct that a lawyer knows is criminal or fraudulent; Rule
1.8(a), MRPC, provides that a lawyer shall not enter into a business transaction
with a client or knowingly acquire an ownership, possessory, security or pecuniary
interest adverse to a client unless certain safeguards are present; Rule 1.8 (b),
MRPC requires a lawyer shall not use information relating to representation of a
client to the disadvantage of the client; or to the advantage of himself or a third
person, unless the client consents after consultation; Rule 1.15(a), MRPC, provides
that a lawyer shall hold the property of clients and third parties separate from the
lawyers own property. The lawyer must identify this other property and safeguard
it. The rule also provides that the lawyer shall maintain complete records of trust
account funds for a period of seven years following termination of the
representation; Rule 1.15(b), MRPC, provides that upon receiving funds in which a
client or third person has an interest, a lawyer shall promptly notify the client or
third person and promptly deliver those funds; Rule 1.15(c), MRPC, provides that
when a lawyer is in possession of property in which both the lawyer and another
person claim an interest, the property shall be kept separate until the dispute is
resolved; Rule 3.3, MRPC, provides that a lawyer shall not knowingly make a false
statement of material fact to a tribunal; Rule 3.4 (a), MRPC provides that a lawyer
shall not: unlawfully obstruct another party’s access to evidence or unlawfully
alter, destroy or conceal a document or other material having potential evidentiary
value; Rule 3.4(c), MRPC, provides that a lawyer shall not knowingly disobey an
obligation under the rules of a tribunal; Rule 3.4 (d), MRPC that a lawyer shall not
in pretrial procedure, make a frivolous discovery request or fail to make reasonably
diligent effort to comply with a legally proper discovery request by an opposing
party; Rule 4.1, MRPC provides that in the course of representing a client a lawyer
shall not knowingly make a false statement of material fact or law to a third
person; or fail to disclose a material fact to a third person when disclosure is
necessary to avoid assisting a criminal or fraudulent act by a client; Rule 5.3(a),
MRPC, provides that a partner in a law firm shall make reasonable efforts to
ensure that the firm has in effect measures giving reasonable assurances that the
conduct of its non-lawyer staff is compatible with the professional obligations of
the lawyer; Rule 5.3(c)(1), MRPC, provides that a lawyer is responsible for the
conduct of his non-lawyer staff that violates the Rules of Professional Conduct
when the lawyer orders or ratifies the conduct; Rule 5.4(a), MRPC, prohibits
sharing legal fees with a non-lawyer; Rule 7.2(i), MRPC, prohibits a lawyer from
giving anything of value to a person for recommending the lawyer’s services; Rule
7.3(a), MRPC, prohibits a lawyer from soliciting professional employment from a
particular prospective client by in-person, live telephone or real-time electronic
means, with whom the lawyer has no prior professional relationship when a
significant motive is the lawyer’s pecuniary gain; Rule 8.4(a), MRPC, provides
that it is professional misconduct for a lawyer to violate or attempt violate the rules
of professional conduct; Rule 8.4(b), MRPC, provides that it is professional
misconduct for a lawyer to commit a criminal act that reflects adversely on the
lawyer’s honesty, trustworthiness, or fitness as a lawyer; Rule 8.4(c), MRPC,
provides that it is professional misconduct for a lawyer to engage in conduct
involving dishonesty, fraud, deceit or misrepresentation; and Rule 8.4(d), MRPC,
provides that it is professional misconduct for a lawyer to engage in conduct that is
prejudicial to the administration of justice.
Mr. Anderson was hired to stop a garnishment related to forged loan documents in
2012 and seek redress from the client’s ex-wife who forged the documents. Mr.
Anderson failed to take any steps to stop the garnishment or file suit against the
client’s ex-wife prior to his disciplinary suspension in 2017. The client did not
learn that Mr. Anderson had allowed the statute of limitations to expire until he
attempted to hire another attorney after Mr. Anderson’s suspension.
Rule 1.2(a), MRPC, provides that a lawyer shall abide by a client’s decisions
regarding the objectives of the representation. Mr. Anderson failed to complete the
work he was retained to perform. Rule 1.3, MRPC, provides that a lawyer shall act
with reasonable diligence in representing a client. Mr. Anderson’s failure to act
with reasonable diligence allowed the statute of limitations period to expire on his
client’s claim.