In Re Dickson

968 So. 2d 136, 2007 WL 3311171
CourtSupreme Court of Louisiana
DecidedNovember 7, 2007
Docket2007-B-0733
StatusPublished

This text of 968 So. 2d 136 (In Re Dickson) 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 Dickson, 968 So. 2d 136, 2007 WL 3311171 (La. 2007).

Opinion

968 So.2d 136 (2007)

In re David M. DICKSON.

No. 2007-B-0733.

Supreme Court of Louisiana.

November 7, 2007.

*137 ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, David Meyer Dickson, an attorney licensed to practice law in Louisiana but currently on interim suspension for threat of harm to the public. In re: Dickson, 05-1498 (La.6/15/05), 903 So.2d 1129.

UNDERLYING FACTS AND PROCEDURAL HISTORY

The ODC filed three sets of formal charges against respondent, consisting of a total of five counts of misconduct. The charges were considered by separate hearing *138 committees, then consolidated by orders of the disciplinary board. The board then filed in this court a single recommendation of discipline encompassing all three sets of formal charges.

02-DB-056

The Crisp Matter

In November 1997, David Crisp retained respondent to represent him in a personal injury matter arising out of an automobile accident. In April 1998, respondent settled Mr. Crisp's claim for $15,000. Respondent deposited the settlement check into his operating account because he did not maintain a client trust account. Respondent paid Mr. Crisp his portion of the settlement and withheld the sum of $3,732 for payment of Mr. Crisp's medical expenses. Respondent later withdrew these funds from his operating account and placed the cash in a safe or "black box." Respondent did not pay Mr. Crisp's medical expenses until 2000, some two years after he received the settlement proceeds.

The ODC alleges that respondent's conduct violated the following provisions of the Rules of Professional Conduct: Rules 1.15(a) (safekeeping property of clients or third persons), 1.15(b) (failure to promptly remit client funds and failure to provide an accounting of client funds), 1.15(c) (failure to keep disputed funds separate from the lawyer's own funds), 1.15(d) (failure to maintain a client trust account), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice).

03-DB-073

Counts I & II The Lines Matter

In 2001, Ronald D. Lines hired respondent to represent him in a criminal matter. Respondent failed to communicate with Mr. Lines and failed to expedite the criminal case. Respondent also withdrew nearly $40,000 from Mr. Lines' bank accounts pursuant to a power of attorney;[1] however, respondent did not comply with Mr. Lines' requests for an accounting of these funds, nor did he comply with Mr. Lines' instructions as to the disbursement of the funds. Eventually, respondent paid $2,500 to Mr. Lines' son and $18,630 to the attorney who succeeded him as counsel for Mr. Lines. Respondent converted the remaining funds, $17,809.71, to his own use.

In 2002, Mr. Lines filed a complaint against respondent with the ODC. Respondent failed to cooperate with the ODC in its investigation of the complaint.

The ODC alleges that respondent's conduct 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 (failure to refund an unearned fee), 1.15(a), 1.15(b), 1.16(d) (obligations upon termination of the representation), 3.2 (failure to make reasonable efforts to expedite litigation), 8.4(a), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c), 8.4(d), and 8.4(g) (failure to cooperate with the ODC in its investigation).

05-DB-036

Count I & II-The Salinas Matter

In June 2002, David Salinas paid respondent $8,000 to represent him in a criminal *139 matter pending in St. Tammany Parish. Respondent told Mr. Salinas that if he paid him $18,000, he would pay off a judge and the district attorney to obtain a more lenient sentence of probation, and that Mr. Salinas would be able to return to his home in Texas. Tape and transcript evidence of this verbal exchange is in the record. Mr. Salinas reasonably believed respondent had political connections to arrange such a deal. When Mr. Salinas was unable to pay the full $18,000, respondent advised him to plead guilty and assured him he could arrange a deal of a five-year sentence on the guilty plea. Based on respondent's representations, Mr. Salinas pled guilty. However, rather than the five-year sentence respondent had promised him, Mr. Salinas received a ten-year sentence.

In 2004, Mr. Salinas filed a complaint against respondent with the ODC. Respondent failed to cooperate with the ODC in its investigation of the complaint.

The ODC alleges that respondent's conduct violated the following provisions of the Rules of Professional Conduct: Rules 3.5(a) (a lawyer shall not seek to influence a judge, juror, or other official by means prohibited by law), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(c), and 8.4(d).

DISCIPLINARY PROCEEDINGS

Respondent answered the first and second sets of formal charges and denied any misconduct. Those matters then proceeded to hearings on the merits, which were conducted by separate hearing committees in 2003 and 2004.

Respondent failed to answer or otherwise reply to the third set of formal charges. Accordingly, the factual allegations contained therein were deemed admitted and proven by clear and convincing 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 Reports

02-DB-056

After considering the evidence and testimony presented at the hearing, the hearing committee found respondent violated the Rules of Professional Conduct as alleged in the formal charges by knowingly failing to maintain a client trust account and by failing to promptly pay a third-party medical provider. Upon considering the numerous aggravating factors and absence of mitigating factors, the committee recommended that respondent be suspended from the practice of law for two years, deferred with conditions.

The ODC objected to the leniency of the sanction recommended by the committee.

03-DB-073

After considering the evidence and testimony presented at the hearing, the hearing committee found respondent violated the Rules of Professional Conduct as alleged in the formal charges. The committee found that respondent knowingly failed to preserve Mr. Lines' funds and knowingly failed to provide Mr. Lines with an accounting for all of his funds. He also failed to adequately communicate with his client concerning the status of the criminal case and failed to expedite the litigation, despite Mr. Lines' specific requests to do so. This misconduct caused Mr. Lines significant injury. Based on these findings, and considering the numerous aggravating factors and absence of mitigating factors, the committee recommended that respondent be suspended from the practice of law for eighteen months.

*140 Neither respondent nor the ODC filed an objection to the hearing committee's recommendation.

05-DB-036

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Bluebook (online)
968 So. 2d 136, 2007 WL 3311171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dickson-la-2007.