On September 14, 2022, the Board of Disciplinary Appeals Appointed by the Supreme Court of Texas issued its Agreed Judgment of Partially Probated Suspension of Respondent Pensacola attorney David Luther Woodward relating to the latter’s suspension from the practice of law in the State of Florida.
The case titled In the Matter of David Luther Woodward was brought by the Office of the Chief Disciplinary Counsel of the State Bar of Texas, cause no. 67040.
The charges cited Rules 4-1.3 (Diligence), 4-1.4 (Communication), 4-3.2 (Expediting Litigation), 4-3.4(c) (knowingly disobey an obligation under the rules of a tribunal), 4-8.4(d) (conduct prejudicial to the Administration of Justice), 4-8.4(g) (Failure to Respond to the Florida Bar).
The disciplinary matter in Florida involves Respondent’s representation of his client Dr. Simmons in a petition for partition among her siblings of Dr. Simmons’ mother’s house in Pensacola, Florida. During the representation, Respondent failed to notify his client of a September 25, 2019, scheduled trial date, and he also failed to reply to his clients’ inquiries about their case. Neither Respondent nor any of his clients appeared on the scheduled trial date. When asked by the circuit judge’s judicial assistant, he represented that he intentionally did not appear because opposing counsel would not comply with discovery requests or the order for mediation.
Respondent failed to respond to two Orders to Show Cause, requiring him to explain why the case should not be dismissed without prejudice. On October 10, 2019, the court allowed respondent to appear in person so he could explain orally the reasons for his nonappearance at the final trial and his noncompliance with the court’s two Orders to Show Cause. At the OSC hearing, respondent stated that he missed the final trial date because he did not properly calendar the date. Thereafter, the court dismissed the case without prejudice which caused Dr. Simmons and her siblings to hire another attorney to refile the petition for partition and begin the case over again.
The Supreme Court of Florida on April 14, 2022, entered an order, in consideration of the uncontested Report of the Referee suspending Respondent from the practice of law for a period of 75 days, effective 30 days from the date of the order.
Accordingly, the Board of Disciplinary Appeals as a reciprocal disciplinary action to the State Bar of Florida’s sanction to Respondent ordered:
“. . . that Respondent, David Luther Woodward, State Bar Card No. 21975640, is hereby SUSPENDED from the practice of law in Texas for a period of two years and seventy-five (75) days. Respondent shall be actively suspended from the practice of law for a period of seventy-five (75) days beginning Sept. 14, 2022, and extending through Nov. 27, 2022. The twenty-four (24) month period of probated suspension shall begin on Nov. 28, 2022, and shall extend through Nov. 27, 2024. . . “
According to Avvo, Mr. Woodward graduated from Florida State University College of Law in 1969. He practices in Pensacola, Florida where he maintains The Law Offices of David Luther Woodward, P.A, prior to his suspension. Woodward has been licensed in Texas, Oklahoma, and Florida.
A copy of the original filing can be found here.
