In re Hansen

888 So. 2d 172, 2004 La. LEXIS 3392, 2004 WL 2677034
CourtSupreme Court of Louisiana
DecidedNovember 19, 2004
DocketNo. 2004-B-1988
StatusPublished
Cited by2 cases

This text of 888 So. 2d 172 (In re Hansen) 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 Hansen, 888 So. 2d 172, 2004 La. LEXIS 3392, 2004 WL 2677034 (La. 2004).

Opinion

[173]*173ATTORNEY DISCIPLINARY PROCEEDINGS

hPER CURIAM.

This attorney disciplinary proceeding involves one count of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Alfred L. Hansen, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

On December 6, 1997, Arnaldo and Olga Cruz hired respondent to prepare and file visa petitions for Ms. Cruz and her two minor children.1 The Cruzes advised respondent the visa petitions had to be filed by January 1998. Respondent agreed to handle the matter for a fee of $1,500 plus costs. The Cruzes made a partial payment toward the fee on that same day.

Three days later, Mr. Cruz returned to respondent’s office with three $80 money orders, which were to be used to pay the Immigration and Naturalization Service (“INS”) fees for the three visa petitions. The payee on each money order was left blank by Mr. Cruz.

Thereafter, respondent failed to file the visa petitions by the January 1998 deadline. However, over the course of the next three years, he advised the Cruzes that he had filed the visa petitions.

I gin September 2000, respondent made the three $80 money orders payable to himself and deposited them into his operating account. Approximately four months later, in late January 2001, respondent purchased three new money orders, in the amount of $110 each, and made these money orders payable to the INS. A few days later, respondent mailed the three visa petitions along with the three $110 money orders to the INS for filing.

Thereafter, respondent sent the Cruzes copies of the visa petitions along with copies of letters he had written to the INS dated December 30, 1997; July 1, 1999; August 29, 2000; and January 30, 2001. The parties stipulated that none of these letters were actually sent to the INS.2

In August 2001, the Cruzes filed a complaint against respondent with the ODC. [174]*174The complaint alleged that respondent did not return their phone calls, that he altered the three $80 money orders to be payable to himself and deposited them into his account, and that he never filed the three visa petitions, even though he gave them copies of letters he had sent to the INS. The Cruzes also claimed that respondent’s misconduct harmed them not only financially but caused “irreversible damage” by delaying the visa petitions for three years.

Respondent gave a sworn statement on December 11, 2001 during which he admitted to intentionally deceiving the Cruzes by sending them copies of letters he had never sent to the INS and “doctoring” copies of the three $80 money orders to make the Cruzes believe he had made them payable to the INS. Respondent also admitted to delaying the filing of the visa petitions, for which he had no excuse. | ¡¡Furthermore, respondent stated that he deposited the $80 money orders into his operating account because he wanted to buy new money orders in the amount of $110 (the new INS fee for the visa petitions).

Respondent recognized the harm his misconduct had caused Ms. Cruz’s children in delaying their entry into the country. Although he claimed that Ms. Cruz herself was not harmed by his conduct, he admitted that the lack of harm to Ms. Cruz did not excuse his dilatory behavior, and he apologized for the “anguish and frustration and ... angst” he caused them.

In 2002, respondent, paid $1,000 in restitution to the- Cruzes. He also settled a malpractice suit filed against him by the Cruzes.3

DISCIPLINARY PROCEEDINGS

Formal Charges

After an investigation, the ODC filed one count of formal charges against respondent, alleging his conduct violated the following Rules of Professional Conduct: Rules 1.1(a) (failure to provide competent representation to a client), 1.2(a) (scope of the representation), 1.3 (failure to act with reasonable diligence and promptness in representing á client), 1.4 (failure to communicate with a client), 1.15 (safekeeping property of clients or third parties), 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).

|4In his answer, respondent generally accepted the factual allegations as written in the formal charges. However, he specifically denied commingling and converting funds by depositing the three $80 money orders into his operating account, stating that it was never his intention to convert the money. Furthermore, he stated that he did not recall agreeing to the Cruzes’ January 1998 deadline but instead agreed to file the visa petitions “within a reasonable time.”

Hearing Committee Recommendation

The hearing committee made a factual-finding that respondent agreed to the January 1998 deadline for filing the visa petitions. . It determined that respondent “lied to and intentionally misled and deceived his clients by falsely informing them that he had filed the visa petitions, and further deceived them by providing them with bogus documentation purporting to establish [175]*175that he had in fact timely filed the visa petitions on December 30, 1997.” It further determined that respondent continued this deception for more than three years.

With regard to the blank money orders provided by the Cruzes to respondent in 1997, the committee found respondent did not use these money orders for their intended purpose, but instead deposited them into his operating account. Because these money orders represented client funds under Rule 1.5(f)(4),4 the committee determined respondent commingled the funds with his own and converted them to his own use. However, the committee recognized that respondent subsequently paid cash |sfor three new money orders in the amount of $110, which he made payable to the INS for the new visa petition fees.

Based on these findings, the committee determined that respondent violated the Rules of Professional Conduct as alleged by the ODC. As mitigating factors, the committee recognized a timely good faith effort to make restitution or to rectify consequences of misconduct; imposition of other penalties or sanctions (malpractice settlement); mental disability;5 remorse; absence of prior disciplinary record; full and free disclosure to disciplinary board or cooperative attitude toward proceedings; and extensive church and community service work. The committee found no aggravating factors.

Considering the above circumstances, the committee recommended that respondent be suspended from the practice of law for three years, with all but one year and one day deferred, followed by two years of probation with conditions.

The ODC filed an objection to the hearing committee’s report.

Disciplinary Board Recommendation

The disciplinary board found that the majority of the hearing committee’s factual findings were not manifestly erroneous.6 With regard to the hearing committee’s legal findings, the board agreed with the committee’s determination that respondent’s conduct violated Rules 1.1(a), 1.2(a), 1.3, 1.4, 1.15(a), and 8.4(a)(c)(d) of the Rules of Professional Conduct.

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Related

In Re Whitehead
28 So. 3d 249 (Supreme Court of Louisiana, 2010)
In re Sims
994 So. 2d 1280 (Supreme Court of Louisiana, 2008)

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Bluebook (online)
888 So. 2d 172, 2004 La. LEXIS 3392, 2004 WL 2677034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hansen-la-2004.