In Re Broome

815 So. 2d 1, 2002 WL 264938
CourtSupreme Court of Louisiana
DecidedFebruary 26, 2002
Docket2001-B-2260
StatusPublished
Cited by5 cases

This text of 815 So. 2d 1 (In Re Broome) 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 Broome, 815 So. 2d 1, 2002 WL 264938 (La. 2002).

Opinion

815 So.2d 1 (2002)

In re Larry E. BROOME.

No. 2001-B-2260.

Supreme Court of Louisiana.

February 26, 2002.
Rehearing Denied May 24, 2002.

Charles B. Plattsmier, Bernadine Johnson, Baton Rouge, for Applicant.

Larry E. Broome, James A. Gray, II, New Orleans, for respondent.

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary proceeding arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Larry E. Broome, an *2 attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

Around 1993 or 1994, respondent filed a class action lawsuit in the United States District Court for the Eastern District of Louisiana on behalf of approximately 1,000 employees of the Orleans Parish Criminal Sheriffs Office against Charles Foti, in his capacity as Criminal Sheriff of Orleans Parish. This suit, captioned Benjamin Boyd v. Foti, No. CV94-204 (hereinafter referred to as "Foti I"), sought back pay and overtime pay for the employees.

At approximately the same time, an unrelated class action suit instituted by the United Sates Department of Justice was already pending against Sheriff Foti in the United States District Court for the Eastern District of Louisiana. In this suit, captioned United States v. Criminal Sheriff, Parish of Orleans, No. CV90-4930 (hereinafter referred to as "Foti II"), the plaintiffs sought to recover damages for discrimination in the hiring and promoting of female employees of the Orleans Parish Criminal Sheriffs Office. The defendant stipulated to liability, and the Department of Justice ultimately recommended that 370 individuals receive relief.

In August 1996, counsel for the Department of Justice received telephone calls from persons stating that respondent had contacted them, alleging he was a representative of the United States Department of Justice and offering to represent them in Foti II. Counsel for the Department of Justice notified the district court by letter regarding its concerns that respondent was soliciting prospective employment from claimants, who had already been recommended for judicial relief, and was representing that he was connected with the Department of Justice.

At about the same time, respondent had filed an intervention in Foti II on behalf of approximately one hundred alleged clients. The presiding magistrate judge permitted respondent to intervene on a limited basis; however, the judge also ordered that respondent and his clients appear at a hearing so the clients could be questioned by the court regarding respondent's alleged representation.

Respondent appeared at the hearing, but failed to produce any of his clients. The Department of Justice produced several witnesses, who offered strikingly similar testimony. They each asserted that they had never met respondent before, nor solicited his services. Likewise, they each testified respondent appeared at their respective homes alleging he was working for or on behalf of the Department of Justice in connection with Foti II. The witnesses testified respondent asked them to sign retainer agreements in order to effectuate their monetary settlement prior to the then-approaching holiday season. One of the witnesses, Denise Alexander, admitted respondent had represented her in Foti I. However, she maintained she never authorized respondent to list her as a client in Foti II.

Respondent testified at the hearing and admitted he had approached the individuals who testified against him. However, he claimed he did not intentionally violate the prohibition against direct client solicitation because he had taken their names from his Foti I client list.[1] Respondent denied he advised the prospective clients he worked for the federal government. Rather, he asserted he explained to them *3 he was intervening in the matter on the same side as the Department of Justice. He also disputed Ms. Alexander's testimony that she did not authorize him to represent her in Foti II. Respondent testified she, like his other clients listed in the intervention, had signed an affidavit allowing him to represent her in Foti I and he presumed it acted as a retainer and/or general power of attorney in connection with any matter that might involve Sheriff Foti.

Following the hearing, the magistrate judge concluded respondent violated Rules 3.3 (lack of candor toward a tribunal), 7.1 (making false, misleading, or deceptive communications regarding a lawyer's services), and 7.2(a) (unauthorized client solicitation) of the Rules of Professional Conduct. Based on these findings, respondent was disqualified from representing any further clients in the civil action and assessed with all attorney's fees.

Federal Disciplinary Proceeding

Subsequently, a federal disciplinary proceeding was instituted against respondent. Respondent was suspended from engaging in the practice of law for a period of eighteen months in the federal courts. In doing so, the judges of the Eastern District of Louisiana, at an en banc meeting, determined there was clear and convincing evidence respondent violated Rule 3.3(a)(1) when he filed a court pleading misrepresenting he was counsel for Ms. Alexander. In addition to noting respondent's admission in brief that he improperly solicited clients in violation of Rule 7.2(a), the court concluded respondent violated Rule 7.1(a) due to his false and misleading assertions to the persons he was improperly soliciting that he was working for the Department of Justice in connection with the discrimination litigation.

DISCIPLINARY PROCEEDINGS

Formal Charges

Based on the federal disciplinary proceeding, the ODC commenced its own investigation of respondent and, ultimately, filed two counts of formal charges alleging violations of Rules 3.3, 7.1, 7.2, and 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, or misrepresentation) of the Rules of Professional Conduct. Respondent filed an answer denying the allegations of misconduct.

Formal Hearing

At the formal hearing, the ODC submitted a transcript of the federal disciplinary hearing with the exhibits, as well as evidence of respondent's prior disciplinary record. Respondent appeared and testified on his own behalf. As in the federal proceedings, respondent denied any intentional misconduct on his part. Regarding his admission in the federal proceedings to engaging in client solicitation, respondent asserted that his statement should be disregarded by the hearing committee because he was suffering the effects of a serious automobile accident at the time he made the statement.

Hearing Committee Recommendation

The hearing committee determined respondent violated Rules 3.3, 7.1, and 7.2 of the Rules of Professional Conduct. Specifically, it concluded respondent improperly solicited all of the individuals who testified against him, except for Ms. Alexander, as well as represented himself to be working with or for the Department of Justice. The committee also found he improperly filed a pleading for Ms. Alexander without her permission. As to respondent's assertions that he was merely attempting to confirm whether the solicited individuals were already his clients, the committee concluded his testimony was outweighed by the testimony of the individuals themselves. *4 Further, it rejected respondent's attempt to retract his earlier admission as being "incredible."

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Bluebook (online)
815 So. 2d 1, 2002 WL 264938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-broome-la-2002.