In re Hollis

201 So. 3d 891, 2016 La. LEXIS 1819
CourtSupreme Court of Louisiana
DecidedOctober 10, 2016
DocketNO. 2016-B-1360
StatusPublished

This text of 201 So. 3d 891 (In re Hollis) 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 Hollis, 201 So. 3d 891, 2016 La. LEXIS 1819 (La. 2016).

Opinion

PER CURIAM

11 This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Anthony Hollis, a disbarred attorney.

PRIOR DISCIPLINARY HISTORY

Before we address the current charges, we find it helpful to review respondent’s prior disciplinary history. Respondent was originally admitted to the practice of law in Louisiana in 1985. He was admonished in 1994 and 1998 for failing to cooperate with the ODC. In 1998, this court suspended respondent from the practice of law for a period of one year based on his failure to provide competent and diligent representation to clients, failure to communicate with clients, failure to account for or refund unearned fees, failure to cooperate in a disciplinary investigation, and failure to comply with a subpoena issued by a tribunal. In re: Hollis, 98-0444 (La. 6/19/98), 714 So.2d 693 (“Hollis I”). In 2001, the court considered a disciplinary proceeding involving respondent’s failure to provide competent and diligent representation to clients, failure to communicate with clients, failure to account for or refund unearned fees, lack of candor, unauthorized practice of law, and failure to cooperate in a disciplinary investigation, among other misconduct. As much of the misconduct occurred within the same time frame as the misconduct at issue in Hollis I, the court 12imposed a fully deferred one-year suspension so as not to require respondent to serve an additional period of actual suspension. In re: Hollis, 01-2127 (La. 10/17/01), 797 So.2d 663 (“Hollis II”).

In 2014, the court disbarred respondent for failing to provide competent representation to his clients, neglecting legal matters, failing to coikmunicate with clients, engaging in the unauthorized practice, of law, abandoning his law practice without protecting the interests of his clients, and failing to cooperate with the ODC in its investigations. In re: Hollis, 13-2667 (La. 2/7/14), 132 So.3d 1250 (“Hollis III”). Finally, in 2015, the court considered a disciplinary proceeding involving respondent’s failure to return a client’s complete file, commission of criminal conduct (domestic violence), neglect of a legal matter, failure to communicate with a client, and failure to cooperate with the ODC in its investigations. As much of the misconduct occurred within the same time frame as the misconduct at issue in Hollis III, the court adjudged respondent guilty of additional rule violations to be considered when and if he seeks readmission to the practice of law. In re: Hollis, 15-0876 (La. 8/28/15), 177 So.3d 110 {“Hollis IV”).

Against this backdrop, we now turn to a consideration of the misconduct at issue in the present proceeding.

FORMAL CHARGES

In August 2013, Jerome Tuiel hired respondent to represent him in an action for damages arising from an automobile accident. At respondent’s direction, Mr. Tuiel pursued treatment with several doctors. Mr. Tuiel was led to believe that all necessary steps were being taken, but respondent never filed suit on his behalf. In October 2014, respondent advised Mr. Tuiel that the suit was never filed. As a result of respondent’s inaction, Mr. Tuiel, whose only source of income is disability benefits, was left with many unpaid medical bills.

UThe ODC sent' notice of the investigation to respondent via certified mail on November 13, 2014. Despite receiving this [894]*894correspondence on November 21, 2014, respondent did not respond.

In May 2015, an ODC investigator interviewed Mr. Tuiel about the representation. He learned that Mr. Tuiel had been represented by respondent in other matters, and that after the passage of some time, Mr. Tuiel was unable to reach respondent to discuss the status of this case. Mr. Tuiel indicated that he attempted to talk with the insurer about the case, but the insurer declined to speak with him for the reason that Mr. Tuiel was purportedly being represented by respondent. By the time Mr. Tuiel advised the insurer that respondent no longer represented him, the cause of action had prescribed. Mr. Tuiel did not seek new counsel thereafter.

The ODC alleged 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), 8.1(c) (failure to cooperate with the ODC in its investigation), 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).,

DISCIPLINARY PROCEEDINGS

In July 2015, the ODC filed formal charges against respondent. Respondent failed to answer the formal charges. Accordingly, the factual allegations contained thei-ein were deemed admitted and proven by clear and convincing evidence pürsuant 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 1 ¿arguments and documentary evidence on the issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

Hearing Committee Report

After considering the ODC’s deemed admitted submission, the hearing committee determined that the factual - allegations in the formal charges were deemed admitted and proven by clear and convincing evidence. Based on these facts, the committee determined that respondent violated the Rules of Professional Conduct as charged.

The committee determined that respondent acted knowingly, if not intentionally. The committee noted that the nature of this charge and the findings of fact, together with the apparent pattern of re-i spondent’s complete inaction, indicate serious flaws in judgment. The committee also found respondent’s prior disbarment to be “a significant issue.”

In aggravation, the committee found a prior disciplinary record, a pattern of misconduct, and substantial experience in the practice of law (admitted 1985). The committee found that no mitigating factor's are supported by the record.

After considering the uncontested charges, the findings of fact, and the previous disbarment, the committee recommended respondent be disbarred.

Neither respondent nor the ODC filed an objection to the hearing committee’s report.

Disciplinary Board Recommendation

After review, the disciplinary board determined that the hearing committee’s factual findings are supported by the. deemed admitted factual allegations in the formal charges and/or by the evidence submitted in support of the allegations. |BBased on these facts and. evidence, the board determined that the committee correctly applied the Rules of Professional Conduct.

The board determined that respondent knowingly, if not intentionally, violated a duty owed, to his client and the legal profession. When Mr. Tuiel requested updates [895]*895about the status of his legal matter, respondent led him to believe that the matter was progressing. His deception and neglect of the matter caused significant harm because it resulted in the matter prescribing. His failure to cooperate with the ODC’s investigation of this matter caused that office to expend additional resources. After considering the ABA’s Standards for Imposing Lmvyer Sanctions,

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Related

Louisiana State Bar Ass'n v. Chatelain
573 So. 2d 470 (Supreme Court of Louisiana, 1991)
In Re Banks
18 So. 3d 57 (Supreme Court of Louisiana, 2009)
Louisiana State Bar Ass'n v. Whittington
459 So. 2d 520 (Supreme Court of Louisiana, 1984)
Louisiana State Bar Ass'n v. Reis
513 So. 2d 1173 (Supreme Court of Louisiana, 1987)
In re Hollis
132 So. 3d 1250 (Supreme Court of Louisiana, 2014)
In re Hollis
177 So. 3d 110 (Supreme Court of Louisiana, 2015)
In re Hollis
714 So. 2d 693 (Supreme Court of Louisiana, 1998)
In re Hollis
797 So. 2d 663 (Supreme Court of Louisiana, 2001)
In re Donnan
838 So. 2d 715 (Supreme Court of Louisiana, 2003)

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Bluebook (online)
201 So. 3d 891, 2016 La. LEXIS 1819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hollis-la-2016.