In the Matter of James Alan Twitty

Overview

This consolidated disciplinary proceeding involved multiple instances of misconduct by attorney James Alan Twitty, including improper communications with a represented criminal defendant, failure to perform client duties, noncooperation with the State Bar, and several alcohol-related criminal convictions. The Review Department affirmed culpability for violating Rule 2-100 but vacated a stipulated discipline as inadequate, remanding the matter for further proceedings.

Factual Background

The most serious misconduct arose from Twitty’s conduct while representing a criminal defendant in a federal drug prosecution. Twitty represented one co-defendant while knowing that another co-defendant was represented by separate counsel. That attorney had authorized Twitty to communicate with the represented co-defendant only for the limited purpose of preparing a joint defense.

Despite this limitation, Twitty engaged in multiple undisclosed communications with the represented co-defendant regarding potential plea negotiations. Without the knowledge or consent of the co-defendant’s counsel, Twitty met with the defendant, arranged meetings with federal prosecutors, and participated in plea discussions that exposed the defendant to significant legal risk.

These secret negotiations ultimately undermined the attorney-client relationship between the defendant and his counsel, forced counsel to withdraw, and compromised a viable entrapment defense. Federal judges reviewing the underlying criminal case characterized the conduct as a serious ethical breach and referred Twitty to the State Bar.

In addition to this misconduct, Twitty stipulated to multiple other violations across several matters, including failure to return client files, failure to communicate with clients, failure to refund unearned fees, failure to cooperate with the State Bar, and multiple criminal convictions for driving under the influence and fighting in a public place.

Rules Violated

• Rule 2-100 (former Rule 7-103) – Communication with a represented party
• Duties to communicate and perform legal services competently
• Duties to cooperate with State Bar investigations

Defenses and Arguments

Twitty argued that he believed he had authority to communicate broadly with the represented co-defendant and that he was acting in the defendant’s best interests. He also asserted that the defendant had requested confidentiality and feared consequences if his attorney learned of plea discussions.

The Review Department rejected these arguments, finding that Twitty knew his authority was limited, deliberately concealed his actions from counsel, and was not an “independent lawyer” eligible to provide second-opinion advice due to conflicts of interest between the defendants.

Aggravating and Mitigating Factors

Aggravation included multiple acts of misconduct, criminal convictions, and dishonesty during the course of the plea negotiations. Mitigation was limited to Twitty’s lack of prior discipline and length of practice. Claims of cooperation with the State Bar were discounted due to admitted noncooperation in one of the matters.

Discipline Analysis and Outcome

The parties stipulated to a two-year stayed suspension with four years of probation and thirty days of actual suspension. On review, the State Bar Court found the proposed discipline inconsistent with decisional law and insufficient to protect the public, particularly given the seriousness of the criminal-case interference.

Rather than impose greater discipline outright, the Review Department vacated the stipulation and remanded the matter, allowing the parties to renegotiate discipline or proceed to trial on all issues.

Sanctions Table

Practice Takeaway

This case underscores that Rule 2-100 violations arising in criminal matters are treated with exceptional seriousness, particularly when they interfere with another lawyer’s representation and jeopardize constitutional rights. Stipulated discipline will not be approved where it fails to align with precedent or adequately protect the public.