In re Bullock

187 So. 3d 986, 2016 La. LEXIS 716, 2016 WL 1175640
CourtSupreme Court of Louisiana
DecidedMarch 24, 2016
DocketNo. 2016-B-0075
StatusPublished
Cited by2 cases

This text of 187 So. 3d 986 (In re Bullock) 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 Bullock, 187 So. 3d 986, 2016 La. LEXIS 716, 2016 WL 1175640 (La. 2016).

Opinions

PER CURIAM.

11 This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Jalila E. Bullock, an attorney licensed to practice law in Louisiana, but currently ineligible to practice.1

UNDERLYING FACTS .

In July 2011, the three-year old daughter of Geron Trenise Jones was struck and killed by a speeding motorcycle operated by Shawn Dejean. The police report of the accident indicated that Mr. Dejean was insured at the time of the tragic accident.

Following her daughter’s death, Ms. Jones retained respondent to represent her in a wrongful death claim against Mr. Dejean and his insurer. Respondent’s communications with Ms. Jones during the representation were sporadic. At some point.during this time, respondent determined that Mr. Dejean did not have a valid insurance policy in effect on the date of the accident, and that it was highly unlikely Mr. Dejean would be able to respond financially to any damage award entered against him. Nevertheless, respondent did not disclose.the.absence of an insurance policy to Ms. Jones. She also did not disclose to Ms. Jones that she had |2not filed a lawsuit to interrupt prescription, or that she had declined to pursue the matter further.

More than one year after the accident, Ms. Jones was able to reestablish communications with respondent. Respondent then wire transferred funds from her own personal account to Ms. Jones. After these events, respondent ignored Ms. Jones’ demands for her file, and left Ms. Jones in the dark regarding the pendency [988]*988of the litigation that she was to have filed on her behalf.

DISCIPLINARY PROCEEDINGS

In June 2013, Ms. Jones filed a complaint against respondent with the ODC. In August 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), 8.4(a) (violation of the Rules of Professional Conduct), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). Respondent answered the formal charges and denied any misconduct.

Formal Hearing

This matter proceeded to a formal hearing conducted by the hearing committee in April 2015. Prior to the hearing, the parties entered into a joint stipulation of facts, in which respondent admitted the underlying facts set forth above. The parties also stipulated to the following issues:

1. Respondent’s conduct reflects violations of Rules 1.3, 1.4 and 8.4(c) of the Rules of Professional Conduct.
2. Respondent’s conduct reflects violations of duties owed to a client; there is little financial harm by respondent’s conduct inasmuch as the defendant | adriver was uninsured and by all -accounts unable to respond in damages personally. However, had the defendant been insured, the potential for harm would have been significant and amounting to the face value of the insurance policy.
3. The baseline sanction is suspension under the ABA’s Standards for Imposing Lawyer Sanctions.
4. Stipulated aggravating factors include (a) vulnerability of the victim, and (b) substantial experience in the practice of law (admitted 2003).
5. Stipulated mitigating factors include (a) absence of a prior disciplinary record, (b) timely good faith effort to make restitution or to rectify the consequences of the misconduct, (c) full and free disclosure to the disciplinary board and a cooperative attitude toward the proceedings, (d) character and reputation, and (e) remorse.

The ODC called Ms. Jones to testify at the hearing. Respondent testified on her own behalf and on cross-examination by the ODC.

Hearing Committee Report

After considering the evidence and testimony presented at the hearing, the hearing committee made factual findings, including the following:

Ms. Jones testified that she signed a contingent fee agreement with respondent a few days after her daughter’s accident. The agreement called for respondent to receive a one-third contingency fee. A copy of the agreement was never provided to Ms. Jones.

A short time after the contingent fee agreement was signed, Ms. Jones reached out to respondent for information about her case and was told that the insurance company was giving respondent the “runaround.” Respondent said the | ¿insurer “sent her a check, but the check was wrong, and she had to send it back to get another one reissued.”

A few weeks later, respondent reiterated this story that there was a problem with the check. She informed Ms. Jones that she would give her “something out of [her] personal account” until the replacement check arrived. At this point respondent [989]*989wired Ms. Jones $7,500, with the promise that another $7,500 would be wired at a later date. Respondent testified that she felt sorry for Ms. Jones and felt that she “shouldn’t have to go through this.” Ms. Jones did not receive the second payment, nor did she receive any documentation about the filing of a lawsuit in the matter. Ms. Jones began asking repeatedly for a copy of her file or a copy of the lawsuit supposedly filed on her behalf, neither of which was forthcoming. A copy of the file has never been given to Ms. Jones, even as of the date of the hearing in this matter, despite multiple requests for same.

Shortly after these events transpired, Ms. Jones’ stepfather went to the courthouse in an attempt to secure a copy of the lawsuit. He found no evidence that any lawsuit had been filed. After Ms. Jones filed a complaint with the ODC, she learned that in fact, no lawsuit was filed. Ms. Jones obtained this information only upon receiving the response to her complaint prepared by respondent’s counsel. As a further result of the ODC’s investigation into this matter, it was determined that there was never an insurance check issued, as there was no liability insurance on the defendant driver who caused the death of Ms. Jones’ child. It was at this time, long after the filing of the original complaint, that Ms. Jones was informed of the malpractice and was advised to contact another lawyer.

Respondent also offered testimony in her defense. She admitted that she did not communicate with Ms. Jones as well as she should have. For example, she never communicated the fact that the defendant driver did not have insurance. Respondent also failed to file a lawsuit in a timely fashion, and failed to disclose |Bthis fact to Ms. Jones. In addition, respondent acknowledged that the file was not handled well. No research was done as to other responsible parties or sources of recovery. Respondent testified- that she felt bad about Ms. Jones’ situation and the fact that nothing could be done. It was for this reason that she made the transfer of $7,500 to Ms. Jones.

Respondent testified that as of the hearing date she still had not turned over the file to Ms. Jones, ostensibly for the reason that she believed no • one wanted it any more, or that it would be inappropriate to do so.

The committee noted that it was disturbed by respondent’s' testimony concerning the' legal malpractice suit filed against her by Ms. Jones.

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242 So. 3d 1210 (Supreme Court of Louisiana, 2018)
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Cite This Page — Counsel Stack

Bluebook (online)
187 So. 3d 986, 2016 La. LEXIS 716, 2016 WL 1175640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bullock-la-2016.