In re Jones-Joseph

134 So. 3d 1153, 2014 WL 812237
CourtSupreme Court of Louisiana
DecidedFebruary 26, 2014
DocketNo. 2014-B-0061
StatusPublished
Cited by3 cases

This text of 134 So. 3d 1153 (In re Jones-Joseph) 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 Jones-Joseph, 134 So. 3d 1153, 2014 WL 812237 (La. 2014).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

_JjThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Keisha M. Jones-Joseph, an attorney [1154]*1154licensed to practice law in Louisiana, but currently ineligible to practice.1

FORMAL CHARGES

Count I — The Taylor Matter

In July 2008, Loraine Taylor hired respondent to represent her in a community property partition matter. Although respondent accepted a $8,000 fee payment plus $300 in costs, a copy of court minutes reflects that she took no action to advance the litigation. According to the minute entry dated August 12, 2008, respondent enrolled as counsel on behalf of Ms. Taylor. The next entry, which is dated March 23, 2011, reflects the filing of a rule by Ms. Taylor’s new counsel, J. Ransdell Keene. Following an unsuccessful attempt to notify respondent of Ms. Taylor’s complaint, the ODC hand-delivered a copy of the complaint to her in February 2011, but she failed to respond.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.2 (scope of the representation), 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to |2communicate with a client), 1.16(d) (obligations upon termination of the representation), 3.2 (failure to make reasonable efforts to expedite litigation), 8.1(b) (knowing failure to respond to a lawful demand for information from a disciplinary authority), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

Count II — The Smith Matter

In December 2008, Celestine Smith hired respondent to represent her in a personal injury matter. Thereafter, Ms. Smith attempted to contact respondent multiple times, both by phone and by visiting her office, but she was unsuccessful. In August 2009, Ms. Smith met with respondent, at which time respondent advised that due to health problems, she would be referring client files to other attorneys and would soon inform Ms. Smith whether she would be referring her file. When she did not hear from respondent, Ms. Smith attempted to contact her but was again unsuccessful. In February 2012, Ms. Smith Anally received correspondence from respondent. In the correspondence, respondent claimed to have sent to her a closing letter dated October 19, 2009 advising that her file was enclosed and that she had until November 21, 2009 to file suit. However, Ms. Smith did not receive the closing letter or the file.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.1 (failure to provide competent representation to a client), 1.2, 1.3, 1.4, 1.16(d), 3.2, 8.4(a), and 8.4(c).

Count III — The Bums Matter

In March 2009, Tatianna Burns hired respondent to represent her in a child custody matter, for which she paid respondent $4,500. After respondent’s | ^secretary terminated her employment, respondent did not respond to Ms. Burns’ phone calls or emails. When respondent’s phone number was disconnected, Ms. Burns was able to reestablish contact with her through a third party who requested a refund on Ms. Burns’ behalf. Although respondent promised to refund the fee to Ms. Burns within thirty days, she did not do so. After receiving notice of Ms. Burns’ complaint, respondent sought an extension of time in which to respond. [1155]*1155Nonetheless, she did not provide a written response.2

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.2, 1.3, 1.4, 1.5 (fee arrangements), 1.16(d), 8.2, 8.1(b), 8.1(c), 8.4(a), and 8.4(c).

Count TV — The Rozier Matter

In June 2008, Rita Rozier hired respondent to represent her in a custody and child support matter for a flat fee of $2,500. Thereafter, respondent failed to maintain sufficient communication with Ms. Rozier and did not properly handle her case. When she became dissatisfied ■with the representation, Ms. Rozier attempted to contact respondent through visitation, by phone, and in writing, all in an effort to terminate services and retrieve her file, but she was not successful. Another attorney tried to contact respondent on Ms. Rozier’s behalf but was likewise unsuccessful. After the ODC was able to reach respondent, she unilaterally converted the flat fee to an hourly fee in order to claim that all but 63$ of the fee paid by Ms. Rozier was earned.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.1, 1.2, 1.3, 1.4,1.16(d), and 8.4(a).

\4Count V — The Perrodin Matter

In November 2007, Barbara Perrodin hired respondent to obtain a restraining order and to handle her custody, child support, divorce, and community property matters. Her fee agreement with respondent was $1,500 for the restraining order and $6,000 for the remaining matters. Although she ultimately paid approximately $10,878.50 for these services, Ms. Perrodin lost contact with respondent, was not divorced, and stopped receiving child support payments, which were being mailed directly to respondent’s office. Ms. Perro-din left messages for respondent at a phone number that was posted on her office door but received no return communication. After receiving notice of Ms. Perrodin’s complaint, respondent sought an extension of time in which to respond. Nonetheless, she did not provide a written response.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.1, 1.2, 1.3, 1.4, 1.16(d), 3.2, 8.1(b), 8.1(c), 8.4(a), and 8.4(c).

Count VI — The Williams Matter

In 2007, Alphonso Williams hired an attorney to represent him in child support, custody, and divorce matters. When the attorney ceased the practice of family law, the representation was transferred to respondent. In April 2008, Mr. Williams consented to the transfer and agreed to pay respondent a $4,000 flat fee to represent him. In October 2009, respondent withdrew without completing the representation. When Mr. Williams tried to obtain information about his case, respondent failed to respond to his correspondence and phone calls. Mr. Williams had to retain and pay another attorney to complete the representation. Respondent also unilaterally converted her flat fee to an hourly rate in order to claim that no refund is due to Mr. Williams. Respondent received notice of the complaint in |fiOctober 2009 and a hand-delivered copy of the complaint in December 2010. While she claimed to have responded to the ODC by fax and by mail, the ODC did not receive her response.3

[1156]*1156The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.3, 1.4, 1.5, 1.16(d), 8.1(b), 8.1(c), and 8.4(a).

Count VII — The Walls Matter

In July 2009, Carrie Mae Walls hired respondent to assist her in obtaining grandparent visitation. Respondent did not perform the services for which she was hired and Ms. Walls’ attempts to contact her went unanswered.

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Related

In re Burkart
255 So. 3d 999 (Supreme Court of Louisiana, 2018)
In re Salinas
202 So. 3d 163 (Supreme Court of Louisiana, 2016)
In re Jones-Joseph
181 So. 3d 651 (Supreme Court of Louisiana, 2015)

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Bluebook (online)
134 So. 3d 1153, 2014 WL 812237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jones-joseph-la-2014.