In re Brown-Manning

185 So. 3d 728, 2016 La. LEXIS 467, 2016 WL 868361
CourtSupreme Court of Louisiana
DecidedMarch 4, 2016
DocketNo. 2015-B-2342
StatusPublished
Cited by2 cases

This text of 185 So. 3d 728 (In re Brown-Manning) 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 Brown-Manning, 185 So. 3d 728, 2016 La. LEXIS 467, 2016 WL 868361 (La. 2016).

Opinion

[729]*729ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

11 This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Carla Ann Brown-Manning, an attorney licensed to practice law in Louisiana.

FORMAL CHARGES

The Franklin Matter

In March 2011, Cynthia Franklin hired respondent to handle her brother’s: ongoing succession proceeding. Their written fee agreement called for a $2,500 flat fee for respondent’s services, of which Ms. Franklin paid a total of $2,200.

According to Ms. Franklin, respondent did very little work in the matter, and she was unable to contact respondent via telephone when she had questions. Ms. Franklin also indicatéd that she had to hire and pay another attorney to complete the work because respondent failed to do so.

In June 2013, Ms. Franklin filed a complaint against respondent with the ODC. Respondent failed to respond to the complaint, necessitating the issuance of a subpoena to obtain her sworn statement. A few days before the scheduled sworn statement, respondent appeared at the ODC’s office with Ms. Franklin’s file and indicated she would submit a written response before October 21, 2013. In her written response, respondent outlined the work she had performed on Ms. | gFrankIin’s behalf but indicated that Ms. Franklin terminated her services before she completed the matter.

In response, Ms. Franklin informed the ODC that respondent never returned her file to. her. Between December 6, 2013 and March 15, 2014, the ODC sent three written requests to respondent, including one that was personally.- served upon her by the ODC’s-investigator, asking whether she had returned Ms. Franklin’s file. On March 31, 2014, respondent submitted a written response, indicating she would return Ms. Franklin’s file-within the ■-next five days and would refund Ms. Franklin’s fee. The ODC again subpoenaed respondent for a sworn statement when she failed to respond to a request for documentation that she had returned the file and fee. Respondent eventually sent a fax to the ODC indicating she had returned- Ms. Franklin’s- file but was still trying to get [730]*730the funds together for Ms. Franklin’s refund. ■

On May 16, 2014, the ODC served respondent with a subpoena to appear for a sworn statement. Respondent’s sworn statement was scheduled for June 10,2014, but she failed to appear.

The Faciane Matter

In May 2013; Umeka Faciane hired respondent, to have an arrest expunged from her record so she would be able to sit for some medical licensing exams. Both respondent and Ms. Faciane acknowledged that Ms. Fáciane paid respondent for this service.

According to Ms. Faciane, respondent failed to file the expungement despite being paid to do so. Ms. Faciane also indicated that respondent informed her the expungement wás filed; however, when Ms. Faciane checked with the district attorney’s office, she was informed the ex-pungement had not been filed. Ms. liiFaciane also requested that respondent send a copy of the documents she had filed on Ms. Faciane’s behalf, but respondent failed to do so.

In December 2013, Ms. Faciane filed a complaint against respondent with the ODC. After being sent several notices of the complaint, including one notice that was served upon her by the ODC’s investigator, respondent faxed a- short written response informing the ODC that she could not explain what happened to Ms. Faciane’s expungement. Attached to the response was a copy of a letter to the clerk of court, indicating respondent had sent to the court four money orders needed to process the expungement application. The ODC contacted the court’s criminal records division, who informed the ODC that no expungement had ever been filed on Ms. Faciane’s behalf. The ODC then requested that respondent provide copies of the four money orders along with confirmation they were deposited. Respondent failed to respond to this request.

On May 16, 2014, the ODC served respondent with a subpoena to appear for a sworn statement. Respondent’s sworn statement was scheduled for June 10, 2014, but she failed to appear.

DISCIPLINARY PROCEEDINGS

In October 2014, the ODC filed formal charges against respondent, alleging that her conduct as set forth above violated the following provisions of the Rules of Professional Conduct: Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.5(f)(5) (failure to refund an unearned fee), 1.16(d) (obligations upon termination of the representation), 8;i(c) (failure to cooperate with the ODC in its investigation), and 8.4(a) (violation of the Rules of Professional Conduct). Respondent failed to answer the formal charges. Accordingly, the factual allegations contained therein were deemed admitted. and proven by clear and |4convincing evidence pursuant, to Supreme Court Rule XIX, § 11(E)(3). No formal hearing was held, but the parties were given an opportunity to file with the hearing committee written arguments and documentary evidence on the issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

Hearing Committee Report

After considering the ODC’s deemed admitted submission, the hearing committee determined that the factual allegations in the formal charges were deemed admitted; thus, the committee accepted the factual allegations as proven. Based on those facts and the -supporting evidence submitted by the ODC, the committee found respondent violated the Rules of Professional Conduct as charged.

[731]*731• The committee then determined respondent knowingly violated duties owed to her clients, the legal profession, and the legal system. Her conduct caused potentially serious harm to her clients. Ms. Franklin was forced to hire and pay another attorney, and Ms. Faciane was prevented from, or at least delayed in, working in her chosen field.

In aggravation, the committee found a pattern of misconduct, multiple offenses, and bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with the rules or orders of the disciplinary agency. The sole mitigating factor found by the committee was the absence of a prior disciplinary record.

Considering these factors, as well as this court’s prior jurisprudence addressing similar misconduct, the committee' recommended respondent be suspended from the practice of law for one year and one day. The committee also | ¿recommended respondent be ordered to reimburse any unearned fees to her clients and/or reimburse the Client Assistance Fund as appropriate.1

Neither respondent nor the GDC filed an objection to the hearing committee’s report and recommendation.

Disciplinary Board Recommendation

After review, the disciplinary board determined the healing committee’s factual findings are supported by the deemed admitted factual allegations asserted in the formal charges and/or by the evidence submitted in support of. those allegations. The board also determined the committee correctly applied the Rules of Professional Conduct when it concluded respondent violated the rules as alleged in the formal charges.

The board then determined respondent .knowingly violated duties owed to her clients and the legal profession.

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Related

In re Montgomery
251 So. 3d 401 (Supreme Court of Louisiana, 2018)

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Bluebook (online)
185 So. 3d 728, 2016 La. LEXIS 467, 2016 WL 868361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brown-manning-la-2016.