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Texas attorney Cagney McCormick was notified by Philip Galyen to provide a client file. It was determined a former Bailey & Galyen attorney Thomas Fredrick Jones aka Fred Jones, had filed fraudulent papers with a federal court. When the federal court referred the matter for investigation, Philip Galyen failed to protect the client file as required to do, but allowed Thomas Fredrick Jones to destroy the file.
An expert determined that Bailey_and_Galyen lawyers obstructed justice by destroying records, email, and altering the client file. See Expert report here, https://www.scribd.com/document/280185366/Bankruptcy-Expert-Report
When Cagney McCormick attorney in Texas received a request to produce the original client file, he refused to do so. Philip Galyen was notified to produce the client file on several occasions, but refuses to do so. The law requires the client file is surrendered upon request to the client - TX Rule 1.15 (d), states in part, "Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests.. surrendering papers and property to which the client…"
It is also a federal crime to destroy or alter records concerning a pending investigation, however the criminal conduct of Philip Galyen continued to be embraced by Texas attorney Cagney McCormick.
Such unethical and illegal conduct is precisely why people must be so skeptical about attorneys. They routinely lie, cheat, and steal. As the expert report states - that is exactly what occurred with Thomas Fredrick Jones aka Fred Jones Houston attorney. But despite such, Philip Galyen continues to withhold the client file thinking this matter will be forgotten.
A client of Bailey & Galyen in Bedford, Texas, requested Cagney McCormick provide him his file. Philip Galyen had received several requests in the past. In Texas like with most other states the client file is the property of the client and must be surrendered. TX Rule 1.15(d), states in part, "Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests.. surrendering papers and property to which the client…"
Texas attorney Cagney McCormick was on notice a former attorney at Bailey & Galyen had obstructed a federal investigation where the attorney had destroyed and altered records. The attorney also fraudulently filed a bankruptcy case. See expert report at https://www.scribd.com/document/280185366/Bankruptcy-Expert-Report, "In my opinion Clients's attorney did not exercise a reasonable standard of care in filing a Second Bankruptcy Case without Client's consent and signature. Indeed, in my opinion such conduct is fraudulent."
Cagney McCormick knew of the illegal conduct of former Bailey & Galyen attorney Thomas Fredrick Jones aka Fred Jones who worked in the Houston office. An expert had determined Thomas Fredrick Jones had committed fraud and acted unethically, thus committing malpractice since Fred Jones failed to speak with the client prior to filing bankruptcy. A bankruptcy attorney not performing a "reasonable inquiry" prior to petition being filed is in violation of Bankruptcy Rule 9011. In re Phillips, C.A.8 2006, 433 F.3d 1068, rehearing denied; In re Obasi, No. 10-10494 (SHL), 2011 Bankr. LEXIS 5011 (Bankr. S.D.N.Y. Dec. 19, 2011). In Obasi, an attorney with Brice, Vander, Linden & Wernick PC (the "Brice firm") failed to review a proof of claim that was signed with the attorney's electronic signature and identified him as the "creditor's authorized agent." The proof of claim was then filed with the bankruptcy court using the attorney's electronic case filing login and password. Judge Lane held that the conduct of the law firm and the attorney was sanctionable under Bankruptcy Rule 9011.
Further, Cagney McCormick knew Bailey & Galyen acted illegally by destroying records during a pending investigation, see photo, but did not take any steps known to the client to rectify the illegal conduct. Of course it is obstruction of justice to destroy records when they may be used in a federal investigation.
Knowing Bailey & Galyen committed fraud and unethical conduct, Texas attorney Cagney McCormick, https://theinjuryattorney.law/ decided to conceal such conduct and refused to provide the client his file. Cagney McCormick continues to conceal the fraudulent conduct of Bailey & Galyen, and did not provide any reply concerning his decision to refuse to follow the law.
