In re Landry

934 So. 2d 694, 2006 La. LEXIS 2144, 2006 WL 1883384
Supreme Court of Louisiana·Decided July 6, 2006·No. No. 2005-B-1871·Published·Cited by 1 cases

Opinion

|,ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Mitchell Reid Landry, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

The underlying facts are largely undisputed. Respondent was admitted to the Louisiana bar in April 1996. In March 1997, respondent accepted a position as a title attorney with Authentic Title, Ltd.

In July 1997, respondent acted as the closing attorney for a transaction involving Walter Wallendorf (“Walter”), who wished to refinance his home. Because Walter’s wife, Patsy Wallendorf (“Patsy”), had died several months earlier, respondent determined that it was necessary to open a succession to complete the refinancing. Walter informed respondent that he and Patsy had no children and no property other than the home and its furnishings. Walter also told respondent that “there was'no will” when Patsy died. When respondent asked Walter for the names of witnesses who could verify these facts, Walter informed respondent that he and Patsy had not socialized much and that he could not think of any witnesses who could provide the information.

12Thereafter, respondent prepared an affidavit of death and heirship based solely on the information provided by Walter. The affidavit stated that Patsy died intestate. Walter signed the affidavit and re[696] spondent notarized it. A second affidavit was executed by-Kelly Jones and Heather St. Amant, two notarial secretaries employed by Authentic Title, repeating the information contained in Walter’s affidavit. These secretaries swore in the affidavit that they were “well acquainted” with Patsy and knew that she had died intestate. Respondent reviewed the Jones/St. Am-ant affidavit and notarized it. The affidavits were included with a petition for possession signed by respondent and filed in the matter entitled Succession of Patsy Ruth Wallendorf, No. 513-162 on the docket of the 24th Judicial District Court for the Parish of Jefferson. In August 1997, the court rendered a judgment of possession in favor of Walter.

Approximately one year later, respondent learned that Patsy had in fact died testate. In 1994, Patsy had executed a will leaving all of her assets, including the Wallendorf home, to Michael Bradford Walker and Jennifer Brooke Walker (“Michael and Jennifer”), the children of Shirley Walker (“Shirley”). Walter apparently believed that his wife had rescinded that will shortly before her death in 1997, leaving her without a will. Subsequently, Shirley retained counsel and brought an action to annul the 1997 judgmént of possession. Walter represented himself in the litigation. At the conclusion of the proceeding, the court set aside the earlier judgment of possession in Walter’s favor and appointed Shirley as the testamentary executrix of Patsy’s succession.

In July 2000, Michael and Jennifer filed a civil suit against respondent and others. During the course of the litigation, Heather St. Amant testified that neither she nor Ms. Jones knew Patsy at the time they executed the affidavit attesting that they were “well acquainted” with Patsy and knew she had died intestate. Ms. St. 1 sAmant testified that she signed the affidavit, even though she did not know Patsy, because she was told to do so. In October 2001, Michael and Jennifer settled their suit for $70,000, which sum was paid by Authentic Title.

DISCIPLINARY PROCEEDINGS

Following its investigation of a complaint filed by Shirley, the ODC filed one count of formal charges against respondent, alleging that his conduct violated Rules 8.3(a)(1) (knowingly making a false statement of fact or law to a tribunal), 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) of the Rules of Professional Conduct.

Respondent answered the formal charges, admitting most of the factual allegations and admitting that he violated the cited Rules of Professional Conduct “by virtue of his submission of affidavits in which the affiants declared personal knowledge of facts that they did not know, although in good faith believed to be true.”1

[697] This matter then proceeded to a formal hearing on the merits, at which respondent and Shirley Walker testified. In addition, respondent offered testimony, l4both in person and by letter and affidavit, attesting to his good character and reputation.

Hearing Committee Recommendation

After considering this matter, the hearing committee made factual findings as follows:

Respondent relied upon Walter’s representations that he and Patsy had no children and had no property other than their residence and its furnishings and contents. Respondent also relied upon Walter’s representations that Patsy did not execute a will and died intestate. When respondent questioned Walter regarding witnesses who could verify these facts, Walter advised respondent that he could not think of anyone who could execute the appropriate affidavits of death and heirship. Assuming Walter’s representations were accurate, respondent prepared an affidavit of death and heirship for Walter’s signature. Respondent or another employee of Authentic Title prepared a second affidavit wherein employees of Authentic Title alleged to have personal knowledge of the facts that Walter represented to respondent. Respondent notarized the second affidavit even though he knew or should have known the employees did not have the requisite personal knowledge to execute the affidavit. When Patsy’s succession was filed with the court, Walter was recognized as the sole heir and placed in possession of all of the property in the succession. Some two years later,- Shirley brought an action to annul the judgment of possession in favor of Walter. Shirley represented to the court that Patsy had died testate and Shirley’s children were the proper heirs to the succession. An ancillary litigation was filed seeking recovery against respondent and others for the errors outlined above. That litigation was settled in October 2001, giving the injured parties $70,000 in settlement of their claim.

IsBased on these factual findings and respondent’s stipulations in his answer, the committee determined that respondent violated the Rules of Professional Conduct as alleged in the formal charges. The committee found mitigating factors to be present, namely “the relative inexperience of the respondent, the respondent’s reliance upon the statements of his client, and the lack of any motive to do harm to any party.” The committee, determined that instead of taking the time to investigaté Walter’s statements, respondent gave into pressure to expedite the refinancing process. The committee further determined that in doing so, respondent made an error which was not motivated by financial gain and was probably made because respondent believed he was expediting a matter that was both truthful and accurate. Respondent’s error caused financial loss, which has been resolved by the courts.

The committee was impressed by the character witness and character affidavits submitted-by respondent for consideration. The committee also felt that respondent’s error was “one that all people in all professions are confronted with at the beginning of their careers.”

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In re Landry, 934 So. 2d 694, 2006 La. LEXIS 2144, 2006 WL 1883384 (La. 2006).

934 So. 2d 694 (In re Landry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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