In re Frank

876 So. 2d 57, 2004 WL 1418029
CourtSupreme Court of Louisiana
DecidedJune 25, 2004
DocketNo. 2004-B-0238
StatusPublished
Cited by3 cases

This text of 876 So. 2d 57 (In re Frank) 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 Frank, 876 So. 2d 57, 2004 WL 1418029 (La. 2004).

Opinion

[58]*58ATTORNEY DISCIPLINARY PROCEEDINGS.

hPER CURIAM.

This disciplinary matter arises from six sets of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Joshua G. Frank, Jr., an attorney licensed to practice law in Louisiana, but currently on interim suspension.1 For the reasons assigned, we now disbar respondent.

UNDERLYING FACTS

The Richard Matter (00-DB-092)

Raymond Richard retained respondent to represent him in a personal injury matter. In May 1997, respondent negotiated a settlement with Audubon Ins. Co. (“Audubon”), through its adjuster, Charles Roy. By the terms of the settlement, respondent agreed to dismiss his client’s suit against Audubon with prejudice. Respondent further agreed that his client would be responsible for all court costs. Pursuant to this agreement, Mr. Roy sent respondent a settlement check and release, requesting that the release be returned with the judgment of dismissal confirming that respondent’s client paid all court costs.

Respondent returned the signed release to Mr. Roy together with a copy of a judgment of dismissal. However, contrary to the settlement agreement, the judgment | ¡incorrectly stipulated that Audubon, rather than respondent’s client, would pay the court costs. Respondent did not withhold [59]*59court costs from his client’s portion of the settlement, nor did he submit payment for the costs.

Thereafter, Mr. Roy made numerous attempts to contact respondent to amend the judgment to conform with their agreement. Finally, in October 1997, respondent submitted a corrected judgment to the court, which the court signed. However, the clerk’s certificate again indicated that costs had not been paid.

Mr. Roy continued to attempt to resolve the court cost issue with respondent in order to obtain final dismissal, but was unsuccessful. Ultimately, Audubon paid the outstanding court costs, totaling $284.50.

Mr. Roy thereafter filed a complaint with the ODC citing respondent’s refusal to adhere to the terms of the settlement agreement. Respondent filed an answer stating only that after he was contacted by counsel for complainant, he readily agreed to sign a judgment stating that defendant would pay all court costs.

The Domingeaux Matter (00-DB-120)

Peter Domingeaux retained respondent to represent him in a personal injury matter. In May 1999, respondent negotiated a settlement on behalf of Mr. Domingeaux in the amount of $9,203.00. The settlement statement provided by respondent to Mr. Domingeaux revealed that respondent withheld $4,703.00 of the settlement to pay Mr. Domingeaux’s outstanding medical bills, including a $340.50 bill from Opelou-sas General Hospital (“Opelousas General”). However, respondent failed to send the disbursement check to Opelousas General for approximately one year after the settlement, because the check allegedly had been misplaced in respondent’s office. |3When Opelousas General attempted to negotiate the check in May 2000, it was not honored due to insufficient funds in respondent’s trust account.

Opelousas General filed a complaint with the ODC. The ODC sent a copy of the complaint to respondent, asking him to provide information about the matter. Respondent failed to answer the ODC’s request, nor did he appear pursuant to a subpoena served upon him by the ODC. However, approximately one month after the complaint was filed, respondent provided restitution to Opelousas General.

The Vallare Matter (01-DB-057)

Respondent represented Webster Val-lare, a plaintiff in a suit pending in the United States District Court for the Western District of Louisiana. In January 2000, Magistrate Judge Mildred Methvin issued a scheduling order setting February 18, 2000 as the deadline for the parties to submit a joint status report. The counsel for defendant faxed certain inserts to respondent for inclusion in the report and requested a meeting with respondent in order to prepare the joint report. Respondent failed to prepare his portion of the report.

As a result, counsel for the defendant filed a motion for continuance. On February 22, 2000, Judge Methvin ordered respondent to contact defense counsel and to submit the joint report by March 8, 2000. When respondent failed to comply with the order, the court set a rule ordering respondent to appear and show cause on March 30, 2000 why he failed to comply with the February 15 and March 8 deadlines. The court further ordered that if the joint status report was submitted by March 23, 2000, the show cause hearing would be canceled. Respondent received copies of the notice of hearing by regular and certified mail.

| ¿Respondent did not comply with the March 23, 2000 deadline. On the morning of the scheduled show cause hearing, March 30, 2000, Judge Methvin’s law clerk [60]*60received a telephone call from respondent’s secretary who stated that respondent was in state court and would not be attending the hearing. However, respondent’s secretary advised that she would fax the joint status report to the court.

Judge Methvin concluded the faxed report was deficient because it inadequately described plaintiffs contentions, did not include defendant’s contentions, did not address the status of discovery, and did not contain respondent’s signature. Moreover, because the report was submitted after the March 23, 2000 deadline, it had no bearing on the court’s order that respondent appear for the March 30, 2000 show cause hearing. Accordingly, Judge Methvin found that respondent failed to show cause why he disregarded the court’s prior orders and that his failure to appear at the hearing constituted contempt.

Judge Methvin filed a complaint with the ODC. The ODC forwarded a copy of the complaint to respondent, but he failed to provide any information.

The Henry/Ortego Matter (01-DB-078)

In 1999, respondent assumed responsibility for disbursement of $4,500 in funds resulting from the personal injury settlement of Sandra Faye Henry.2 Respondent disbursed $4,500.00 as gross recovery on Ms. Henry’s case but failed to withhold any funds to pay expenses. Respondent assured Ms. Henry that her account with Ortego Chiropractic Clinic (“Ortego”) had been paid in full. In fact, she had an outstanding balance of $1,375.00.

| KSubsequent investigation revealed respondent had failed to withhold and/or remit payment to Ortego in several other client matters, in which he had agreed to be responsible for all medical costs upon settlement of cases. In July 1999, Ortego agreed to allow respondent to pay $500.00 per month toward the outstanding balance. Pursuant to this agreement, respondent made payments in July, August, September, November and December 1999 and in February, July and October 2000. However, as of the date of the complaint, respondent still owed Ortego approximately $7,000.00 for approximately twelve different patient accounts.

In connection with its investigation of the Henry/Ortego matter, the ODC served respondent with a subpoena requiring his appearance and requesting documents. Respondent appeared and produced the Sandra Henry file and computer printouts purporting to be bank statements.

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Cite This Page — Counsel Stack

Bluebook (online)
876 So. 2d 57, 2004 WL 1418029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-frank-la-2004.