In re Laque

876 So. 2d 753, 2004 La. LEXIS 1963, 2004 WL 1418014
CourtSupreme Court of Louisiana
DecidedJune 25, 2004
DocketNo. 2003-B-3539
StatusPublished
Cited by3 cases

This text of 876 So. 2d 753 (In re Laque) 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 Laque, 876 So. 2d 753, 2004 La. LEXIS 1963, 2004 WL 1418014 (La. 2004).

Opinion

[754]*754■ ATTORNEY DISCIPLINARY PROCEEDINGS.

I,PER CURIAM.

This disciplinary matter arises from three separate sets of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Louis Jef-fries Laque, III, an attorney licensed to practice law in Louisiana, but currently ineligible to practice.1

UNDERLYING FACTS AND PROCEDURAL HISTORY

00-DB-005

Count I — The Thomas Matter

In January 1998, Nolan and Juanita Thomas retained respondent to represent them in a dispute with a Metairie car dealership. On January 28, 1998, Mr. and Mrs. Thomas paid respondent $255 in connection with the representation. Around the same time, the Thomases stopped paying their monthly note on the vehicle subject of the dispute. As a result, the finance company filed a petition seeking a writ of sequestration to seize the vehicle to satisfy the Thomases’ outstanding debt. When Mr. and Mrs. Thomas were served with the petition in April 1998, they immediately went to respondent’s office seeking advice. They spoke with respondent’s paralegal, | ¿who advised that no court date was scheduled in the sequestration proceeding and that she would research the matter.

On May 5, 1998, respondent contacted Mrs. Thomas and advised that his initial fee would not cover Ms handling of the sequestration proceeding. He told her that it was imperative that she seek counsel to avoid the seizure of the vehicle, and requested that she schedule an appointment to discuss the matter. When Mrs. Thomas did not schedule the appointment, respondent presumed he was not handling the sequestration proceeding. He did not send her a letter confirming his position. Ultimately, the Thomases did not appear at a scheduled court hearing and a default judgment was rendered against them for the value of the vehicle, $26,685.16, together with interest and attorney’s fees. Upon receiving notice of the judgment, the Thomases again returned to respondent’s office and were advised by the paralegal that respondent would file a motion to set aside the judgment. No action was ever taken on behalf of the clients. The Thom-ases and the finance company made nu[755]*755merous attempts to contact respondent, to no avail. Respondent failed to refund the unearned fee.

In August 1998, the Thomases filed a complaint against respondent with the ODC. Respondent failed to cooperate with the ODC in its investigation of the complaint.

The ODC alleged that respondent’s conduct in the Thomas matter violated Rules 1.1 (failure to provide competent representation to a client), 1.3 (failure to act with diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.5 (fee arrangements), 1.16 (termination of the representation), 5.3 (responsibilities regarding non-lawyer assistants), 8.1(c) (failure to cooperate with the ODC in its investigation), and 8.4(g) (failure to cooperate with the ODC in its investigation) of the Rules of Professional Conduct.

1 zCount II — The Doublet Matter

In July 1997, Telesia Doublet retained respondent to represent her in a federal criminal proceeding. Ms. Doublet paid respondent $8,000 in connection with the representation. Respondent promised to enter into plea negotiations on Ms. Doublet’s behalf, but he failed to communicate with his client and failed to appear for scheduled appointments and meetings. As a result, Ms. Doublet hired new counsel, Robert Jenkins, who contacted the federal prosecutor and was advised that the plea offer had been withdrawn based on respondent’s failure to respond in the matter. Subsequently, Ms. Doublet and Mr. Jenkins made numerous attempts to contact respondent to request that he withdraw, to no avail. Respondent finally withdrew when the presiding judge contacted respondent to advise he was holding up the case. Notwithstanding, respondent failed to account for any earned portion and to refund the unearned portion of the legal fee Ms. Doublet paid. In August 1998, Ms. Doublet filed a complaint against respondent with the ODC.

The ODC alleged that respondent’s conduct in the Doublet matter violated Rules 1.3, 1.4, 1.5, and 1.16 of the Rules of Professional Conduct.

Count III — The Domangue Matter

In February 1998, Cary Lee Domangue paid respondent $800 to handle a child custody and support matter. For several months, Ms. Domangue made numerous attempts to speak to respondent by telephone, to no avail. Ms. Domangue finally reached respondent in mid-July 1998, approximately five months after the representation commenced, at which time respondent informed his client that he had not yet looked at her file. On several occasions, Ms. Domangue traveled from her home, which was located forty-five miles from respondent’s office, to meet with him pin person. However, respondent failed to appear each time. Finally, in November 1998, Ms. Domangue sent respondent a letter by certified mail terminating his representation and requesting that he refund her legal fee and return her file. Respondent failed to comply with Ms. Domangue’s request.

In November 1998, Ms. Domangue filed a complaint against respondent with the ODC. Respondent failed to reply to the complaint. The ODC thereafter served respondent with a subpoena compelling him to appear on February 25, 1999 with his entire file in the Domangue matter. Respondent appeared in response to the ODC’s subpoena and gave a sworn statement in which he promised to refund the $800 fee Ms. Domangue paid. Respondent failed to refund the fee.2

[756]*756The ODC alleged that respondent’s conduct in the Domangue matter violated Rules 1.3,1.4, 1:5,1.16, 3.2 (failure to make reasonable efforts to- expedite litigation), 8.1(c), and 8.4(g) of the Rules of Professional Conduct.

Count IV — The Naquin Matter

In December 1996, Linton J. Naquin, Sr. retained respondent to institute an inverse condemnation or expropriation proceeding against the Louisiana Department of Transportation and Development. Respondent failed to communicate with his client and' failed to take any action in the matter on his behalf.

In September 1998, Mr. Naquin filed a complaint against respondent with the ODC. Respondent’s reply to the complaint was inadequate, necessitating the issuance of a subpoena compelling him to appear on February '25, 1999 with his entire file in the Naquin matter. Respondent appeared' and gave a sworn statement, but he did not produce his file. The matter was then continued to March 17, 1999. On that date, [¡¡respondent informed the ODC that he was ill with the flu, and he indicated that he would voluntarily appear on April 8, 1999. On that date, respondent informed the ODC that he was having' car trouble, and he requested that the matter be continued to April 19, 1999. Respondent failed, to appear on that date.

■ The ODC alleged that respondent’s conduct in the Naquin matter violated Rules 1.3, 1.4, 8.1(c), and 8.4(g) of the Rules of Professional Conduct.

Count V — The Hidalgo Matter

In December 1998, Jose Hidalgo paid respondent $300 to represent him in a domestic proceeding. Respondent promised to obtain a continuance of a court hearing scheduled in the matter, but Mr. Hidalgo could not reach respondent to ascertain whether the continuance was granted. When Mr.

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Bluebook (online)
876 So. 2d 753, 2004 La. LEXIS 1963, 2004 WL 1418014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-laque-la-2004.