In Re Blair

840 So. 2d 1191, 2003 WL 536618
CourtSupreme Court of Louisiana
DecidedFebruary 25, 2003
Docket2002-B-2164
StatusPublished
Cited by5 cases

This text of 840 So. 2d 1191 (In Re Blair) 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 Blair, 840 So. 2d 1191, 2003 WL 536618 (La. 2003).

Opinion

840 So.2d 1191 (2003)

In Re Bernard Joseph BLAIR, II.

No. 2002-B-2164.

Supreme Court of Louisiana.

February 25, 2003.
Rehearing Denied April 25, 2003.

*1192 Charles B. Plattsmier, Baton Rouge, Eric K. Barefield, New Orleans, for Applicant.

Ernest L. Jones, New Orleans, for Respondent.

PER CURIAM.

This disciplinary proceeding arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Bernard Joseph Blair, II, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

For over twenty years, respondent's mother-in-law, Beverly Victorianne, lived next door to Alicemae Casanave, a woman in her eighties. Ms. Victorianne, a retired nurse, became close friends with Ms. Casanave and assisted her in her daily needs. In the summer of 1997, Ms. Casanave's cousin, Mary Ellen Strong, took Ms. Casanave from New Orleans to Atlanta for a period of time. During that time, Ms. Casanave purportedly executed a quitclaim deed, dated August 2, 1997, which provided that Ms. Casanave was transferring her home, valued at approximately $100,000, to Ms. Strong for the sum of $10.[1]

When Ms. Casanave returned to New Orleans, her health and mental acuity had declined. She advised Ms. Victorianne and her other friends she had been abducted against her will and feared that Ms. Strong would put her in a nursing facility in order to get her home. Another neighbor contacted Ms. Casanave's next of kin, Marguerite Thompson, Ph.D., a niece who resided in New York, to advise of her aunt's abduction and her marked change in health.

In early August, 1997, Dr. Thompson arrived in New Orleans. She consulted respondent about protecting Ms. Casanave's legal rights. After meeting with Dr. Thompson, Ms. Casanave and Ms. Victorianne, respondent suggested Ms. Casanave execute a power of attorney in favor of Dr. Thompson. Respondent had Ms. Casanave and Dr. Thompson each sign an employment contract providing that he would be paid a retainer, in addition to an hourly fee for rendered legal advice and services.

On August 7, 1997, respondent prepared the power of attorney by which Ms. Casanave gave Dr. Thompson a power of attorney. Approximately one month later, respondent drafted a new power of attorney making Dr. Thompson and Ms. Victorianne co-mandataries over Ms. Casanave's affairs. He also prepared interdiction papers in the event Ms. Casanave became incapacitated. Respondent completed the work on September 15, 1997, and was paid $867.50 directly by Ms. Casanave. Dr. Thompson did not pay respondent any *1193 fees. Thereafter, Dr. Thompson returned to New York.

Over the course of the following two to three weeks, respondent had numerous discussions with Ms. Casanave regarding the preparation of a will.[2] In these discussions, Ms. Casanave advised respondent that she only wished to leave a portion of her estate to Dr. Thompson and wanted to leave the bulk of the estate to various religious organizations and certain relatives and friends, including respondent's mother-in-law, Ms. Victorianne, and her two children. Ms. Casanave provided respondent with a one-page document, dated September 30, 1991 (six years earlier), written and signed by her which enumerated her bequests. Specifically, the document provided she wanted to leave her home and its contents to Ms. Victorianne and her children. Respondent prepared the will as instructed, which included, among others, testamentary dispositions to Dr. Thompson, and respondent's mother-in-law, brother-in-law and spouse. The will was executed on October 11, 1997, in the presence of two witnesses.

Almost two years later, in June, 1999, Ms. Casanave passed away. Shortly thereafter, Dr. Thompson learned that Ms. Casanave's will made disposition to persons other than herself and her daughter.[3] At about the same time, Ms. Strong produced the quitclaim deed that purportedly showed she was the actual owner of Ms. Casanave's home.

Thereafter, Dr. Thompson retained attorney George Chaney to challenge the will, on the ground Ms. Casanave lacked testamentary capacity. In connection with this litigation, Dr. Thompson moved to disqualify respondent from representing the succession, primarily on the basis that his testimony would be required to determine the decedent's capacity. Respondent, on behalf of himself and Ms. Victorianne (the executrix of Ms. Casanave's succession), filed a reconventional demand against Dr. Thompson and Mr. Chaney.

Around the same time, respondent's wife, who had retained independent counsel, learned respondent had engaged in a prohibited transaction by drafting a will which provided a testamentary gift to her as his spouse.[4] Accordingly, she renounced her interest in the succession.

During the course of the litigation, respondent gave a deposition stating he was retained for the purpose of protecting Ms. Casanave from being abducted again by her cousin. Respondent testified he considered Ms. Casanave to be his only client, and that he had never received legal fees from Dr. Thompson. Respondent maintained that the second power of attorney was drafted because Ms. Casanave wanted his mother-in-law included in the revised power of attorney to assist in handling Ms. Casanave's affairs with Dr. Thompson, who intended to return to New York. Additionally, respondent testified Ms. Casanave made it clear she did not wish to *1194 leave her entire estate to Dr. Thompson, and that she did not want the terms of her testament disclosed to anyone.

Mr. Chaney, Dr. Thompson's counsel in the succession litigation, conducted his own investigation into the testamentary capacity of Ms. Casanave. He spoke to several persons, including Marie Langie, who was a longtime friend of the decedent. She advised him that although Ms. Casanave was "fragile" when she returned from Atlanta, her mental state had improved at the time the will was drafted and that she had testamentary capacity. Mr. Chaney also spoke to respondent and, after determining respondent had been unaware of the prohibition on attorneys from making a testamentary gift to an immediate family member in a client's will, he concluded there was no fraud involved on respondent's part. Based on his investigation, Mr. Chaney concluded the will should be given effect as written, in the absence of the disposition to respondent's wife.

Ultimately, other counsel was retained to represent the succession. The parties entered into settlement negotiations, culminating in a consent judgment. Pursuant to this judgment, Ms. Strong received the house in accordance with the quitclaim. Respondent's wife's portion was returned to the estate and the remaining legacies were left intact.

DISCIPLINARY PROCEEDINGS

Formal Charges

Based on a complaint from Dr. Thompson, the ODC commenced an investigation into respondent's conduct in this matter. Based on this investigation, the ODC filed one count of formal charges against respondent alleging he violated Rules 1.4 (failure to communicate), 1.7(b) (engaging in a conflict of interest) and 1.8(c) (preparing an instrument for a client giving a member of the attorney's immediate family a testamentary gift) of the Rules of Professional Conduct.

Respondent filed an answer. He admitted he had violated Rule 1.8 when he drafted the will providing for a testamentary disposition in favor of his wife, but maintained any violation was unintentional. He denied that he failed to communicate with his client.

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Cite This Page — Counsel Stack

Bluebook (online)
840 So. 2d 1191, 2003 WL 536618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-blair-la-2003.