In Re Engolio

7 So. 3d 1162, 2009 La. LEXIS 461, 2009 WL 1334212
CourtSupreme Court of Louisiana
DecidedMay 5, 2009
Docket2009-B-0193
StatusPublished
Cited by2 cases

This text of 7 So. 3d 1162 (In Re Engolio) 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 Engolio, 7 So. 3d 1162, 2009 La. LEXIS 461, 2009 WL 1334212 (La. 2009).

Opinion

*1164 | ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Andrew Charles Engolio, an attorney licensed to practice law in Louisiana but currently on interim suspension for threat of harm to the public. In re: Engolio, 05-0648 (La.3/16/05), 896 So.2d 984.

UNDERLYING FACTS AND PROCEDURAL HISTORY

The ODC filed two sets of formal charges against respondent, consisting of a total of sixteen counts of misconduct. The two sets of formal charges were considered by separate hearing committees before being consolidated by the disciplinary board, which then filed in this court a single recommendation of discipline encompassing both sets of formal charges.

06-DB-071

Count I

In January 2002, Adelle Robinson hired respondent to handle her Chapter 7 bankruptcy. Respondent filed the bankruptcy petition in February 2002 and attended the creditors’ meeting in March 2002. Thereafter, over the period of one year, respondent failed to communicate with Ms. Robinson.

|2In October 2002, Ms. Robinson filed a complaint against respondent with the ODC. Respondent failed to file a written response. However, he did appear for a sworn statement.

The ODC alleged that respondent’s conduct violated Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 8.1(c) (failure to cooperate with the ODC in its investigation), and 8.4(a) (violation of the Rules of Professional Conduct) of the Rules of Professional Conduct.

Count II

In July 2001, John Robert Jones, Jr. hired respondent to handle his divorce. Respondent collected a $700 fee. Respondent filed the petition for divorce and an amended petition for divorce but did not obtain the judgment of divorce, despite Mr. Jones’ numerous requests to do so. Respondent also failed to communicate with Mr. Jones. Consequently, in July 2003, Mr. Jones discharged respondent and requested a refund of the fee he paid. Mr. Jones also hired a new attorney, who obtained the judgment of divorce in August 2003. Respondent refunded the unearned fee to Mr. Jones in October 2003.

In April 2003, Mr. Jones filed a complaint against respondent with the ODC. Respondent failed to file a written response. However, he did appear for a sworn statement.

The ODC alleged that respondent’s conduct violated Rules 1.3, 1.4, 8.1(c), 8.4(a), and 8.4(d) (engaging in conduct prejudicial *1165 to the administration of justice) of the Rules of Professional Conduct.

| «Count III

In April 2001, Shirley Barnes hired respondent to handle her divorce and community property settlement, paying him $700. She informed respondent that her husband was incarcerated and would not contest the divorce. Respondent filed the petition for divorce in June 2001. Thereafter, Ms. Barnes spoke with respondent twice, but otherwise respondent failed to communicate with her despite her repeated telephone calls. In September 2002 and January 2004, respondent informed Ms. Barnes he had been unable to serve her husband even though he was still in jail. In March 2004, attorney David Lambert, on behalf of Ms. Barnes, requested that respondent refund the $700 to Ms. Barnes. Respondent failed to do so and did not provide an accounting.

In June 2004, Ms. Barnes filed a complaint against respondent with the ODC. Although he filed a written response to the complaint, respondent failed to appear for a sworn statement despite being personally served with a subpoena.

The ODC alleged that respondent’s conduct violated Rules 1.3, 1.4, 1.5 (fee arrangements), 1.16(d) (obligations upon termination of the representation), 8.1(c), and 8.4(a) of the Rules of Professional Conduct.

Count IV

In January 1999, respondent agreed to represent Robert Garcia in five collection matters. Respondent took possession of Mr. Garcia’s original documents and agreed to forward copies of the documents to Mr. Garcia. In March 1999, respondent informed Mr. Garcia that he had filed the requested lawsuits and requested that Mr. Garcia reimburse him for the filing costs. In late 1999, respondent informed Mr. Garcia that he was no longer handling new lawsuits as he was focusing Ron bankruptcy matters. Mr. Garcia believed respondent would continue to represent him in the five collection matters, but respondent neglected the matters. Respondent also failed to communicate with Mr. Garcia. Furthermore, he failed to provide Mr. Garcia with his original documents, making it difficult for him to obtain new counsel.

In August 2004, Mr. Garcia filed a complaint against respondent with the ODC. Respondent failed to file a written response and did not appear for a sworn statement despite being personally served with a subpoena.

The ODC alleged that respondent’s conduct violated Rules 1.3, 1.4, 1.15(a) (safekeeping property of clients or third parties), 1.16(d), 8.1(c), 8.4(a), and 8.4(d) of the Rules of Professional Conduct.

Count V

In March 2004, Elliot Marigny, III, hired respondent to handle his bankruptcy. At the time, respondent was employed by the law firm of Derren S. Johnson & Associates. Mr. Marigny paid respondent a total of $666. Respondent filed the Chapter 13 bankruptcy petition on March 26, 2004. The creditors’ meeting was scheduled for May 12, 2004. On June 1, 2004, the bankruptcy court denied the confirmation for failure to establish a payment plan. During the representation, Mr. Marigny unsuccessfully attempted to contact respondent on several occasions. When he received the bankruptcy dismissal order, Mr. Marigny again tried to contact respondent for an explanation, but respondent failed to communicate with him. Furthermore, Mr. Marigny paid funds to respondent for his mortgage and Chapter 13 plan, but the funds were misappropriated. The law firm of Derren S. Johnson & Associates eventually reimbursed Mr. Marigny $666.

*1166 |Jn August 2004, Mr. Marigny filed a complaint against respondent with the ODC. Respondent failed to file a written response and did not appear for a sworn statement despite being personally served with a subpoena.

The ODC alleged that respondent’s conduct violated Rules 1.3, 1.4, 1.16(d), 8.1(c), 8.4(a), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Rules of Professional Conduct.

Count VI

In April 2003, Joel Tally hired respondent to obtain a temporary restraining order (“TRO”) against his neighbor. He paid respondent an $800 fee. Respondent filed the TRO in August 2003 and later amended it. The defendant was served, and a court date was set. However, respondent removed the case from the docket without the client’s consent or knowledge and failed to reschedule the hearing. In October 2004, Mr.

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Bluebook (online)
7 So. 3d 1162, 2009 La. LEXIS 461, 2009 WL 1334212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-engolio-la-2009.