In re Ali

829 So. 2d 1015, 2002 WL 31296605
CourtSupreme Court of Louisiana
DecidedOctober 14, 2002
DocketNo. 2002-B-2092
StatusPublished

This text of 829 So. 2d 1015 (In re Ali) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Ali, 829 So. 2d 1015, 2002 WL 31296605 (La. 2002).

Opinion

hPER CURIAM.

This attorney disciplinary proceeding arises from two sets of formal charges involving eight counts of misconduct filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Akilah Ma-wusi Ali (formerly known as Connie Welcome-Sadler), an attorney licensed to practice law in Louisiana, but currently suspended from practice.

PRIOR DISCIPLINARY HISTORY

Before addressing respondent’s current charges, we find it helpful to review her prior disciplinary history. In addition to being admonished on two occasions by the disciplinary board,1 respondent has been [1016]*1016disciplined by both this court and the federal courts.

On April 4, 1997, respondent was suspended by this court for a period of one year, with nine months deferred, followed by a two year period of supervised probation. The sanction stemmed from several instances of failing to refund unearned fees and two instances of commingling and conversion of client funds. In re: Welcome-Sadler, 97-0143 (La.4/4/97), 691 So.2d 676 (hereinafter referred to as Ali I).

| ¡.Upon the expiration of the active period of respondent’s suspension in Ali I, respondent was reinstated to practice and placed on probation on August 27, 1997. Subsequently, the ODC received information that respondent was not in compliance with the terms of her probation, and moved for this court to revoke her probation.2 We revoked her probation and made the two year deferred portion of her suspension executory. In re: Ali, 99-0659 (La.3/31/99), 733 So.2d 1183 (hereinafter referred to as Ali II).

On May 9,1997, one month after respondent was first suspended by this court in Ali I, she was disbarred from practice before the United States District Court for the Western District of Louisiana based on this court’s imposition of discipline.3

UNDERLYING FACTS

No. 00-DB-008

UMudd Matter

In late 1996, respondent settled a personal injury matter on behalf of her client, Henry Mudd. Upon receipt of two settlement checks totaling $10,000, respondent deposited the funds into her operating account. Later, respondent issued checks from her operating account to Mr. Mudd and his third party medical providers for their share of the proceeds. During the [1017]*1017period in question, respondent failed to maintain a client trust account. ■

Journet Matter

In early 1997, respondent settled a personal injury case on behalf of her client, John Journet. Respondent received two settlement checks totaling $4,448.97 and deposited the funds into her operating account. While respondent issued a check from her operating account to Mr. Journet in the amount $691.98, she neglected to provide an accounting. Moreover, respondent failed to maintain a client trust account during the period in question.

Phillips Matter

In June, 1996, Ora Lee Phillips retained respondent and another attorney to represent Ms. Phillips’ daughter in connection with a civil suit pending in the United States District Court for the Western District of Louisiana. Ms. Phillips gave checks totaling $3,500 as advance payment for costs and expenses. Respondent deposited the funds into her client trust account, but converted the funds to her personal use.

During the representation, respondent was disbarred from the practice of law by the United States District Court for the Western District of Louisiana and was therefore was prohibited from completing the legal matter for her client. While Ms. Phillips made numerous requests for a refund of the unearned fee, respondent has only made partial payment in the amount of $1,000. Respondent’s co-counsel concluded the legal matter at her own expense.

\Jsfardsse Matter

In June, 1995, Bobby Narcisse retained respondent on a contingency fee basis to represent him in connection with a discrimination matter. Mr. Narcisse paid respondent $5,000 as an advance for legal costs and expenses. Respondent filed suit in the United States District Court for the Western District of Louisiana, as well as took other legal measures on behalf of her client. After respondent was disbarred from the practice of law by the federal district court, she was prohibited from completing the legal matter. While respondent provided an untimely accounting showing she owed Mr. Narcisse $911.25, she failed to return the amount to her client.

No. OO-DB-122

Helaire Matter

In May, 1998, Margo Helaire retained respondent for $3,500 to conduct research and file an appeal in a state civil proceeding. However, respondent neglected to communicate with her client regarding the case. Ultimately, one year after she was retained, respondent advised Ms. Helaire that she had been suspended from the practice of law for a period of nine months when her probationary status was revoked by this court. While respondent returned her client’s original file, she failed to provide an accounting or return the unearned fee.

Ms. Helaire filed a complaint, which the ODC forwarded to respondent. When respondent neglected to reply to the ODC’s requests for information regarding the complaint, she was subpoenaed to appear for a scheduled deposition. At the deposition, respondent testified she had done a great amount of legal research in Ms. He-laire’s case. However, she admitted she was unable to produce support for her claims, alleging she was no longer in possession of her client files. Respondent | «¡testified the contents of the storage unit, which included her client files, were auctioned in December, 1999 for non-payment of rent.

Byers Matter

In February, 1999, Dreffus Byers, Jr. retained respondent for $500 to handle [1018]*1018numerous legal matters on his behalf. Two months later, respondent was suspended from the practice of law for a period of nine months when her probationary status was revoked by this court. She neglected to notify Mr. Byers of her suspension, nor did she provide an accounting, or return Mr. Byers’ original documents and the unearned fee.

Mr. Byers filed a complaint with the ODC. In a sworn statement taken in connection with the ODC’s investigation, respondent alleged she initially took efforts to communicate with her client, but to no avail.

Broussard Matter

In May, 1998, Sherry T. Broussard retained respondent for $2,825 to handle two employment matters. Subsequently, Ms. Broussard made numerous attempts to contact respondent, but to no avail. While respondent took legal action on behalf of her client, she neglected to complete the matters because she was suspended from the practice of law for a period of nine months when her probationary status was revoked by this court. Thereafter, respondent failed to provide an accounting or return the unearned fee.

Ms. Broussard filed a complaint with the ODC, asserting she was harmed respondent’s misconduct because she was unemployed and her husband was suffering from cancer.

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Related

In Re Caulfield
683 So. 2d 714 (Supreme Court of Louisiana, 1996)
In Re Ali
733 So. 2d 1183 (Supreme Court of Louisiana, 1999)
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459 So. 2d 520 (Supreme Court of Louisiana, 1984)
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In Re Pardue
633 So. 2d 150 (Supreme Court of Louisiana, 1994)
In Re Quaid
646 So. 2d 343 (Supreme Court of Louisiana, 1994)
In re Welcome-Sadler
691 So. 2d 676 (Supreme Court of Louisiana, 1997)
In re Smith
710 So. 2d 241 (Supreme Court of Louisiana, 1998)
In re Patrick
738 So. 2d 539 (Supreme Court of Louisiana, 1999)
In re Watts
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In re Gilbert
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In re Cohen
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In re Callahan
782 So. 2d 624 (Supreme Court of Louisiana, 2001)
In re LeBlanc
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In re Poirrier
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In re Collinsworth
795 So. 2d 312 (Supreme Court of Louisiana, 2001)

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829 So. 2d 1015, 2002 WL 31296605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ali-la-2002.