In re Lawrence

841 So. 2d 699, 2003 La. LEXIS 125, 2003 WL 203490
CourtSupreme Court of Louisiana
DecidedJanuary 31, 2003
DocketNo. 2002-B-2791
StatusPublished
Cited by1 cases

This text of 841 So. 2d 699 (In re Lawrence) 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 Lawrence, 841 So. 2d 699, 2003 La. LEXIS 125, 2003 WL 203490 (La. 2003).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS.

hPER CURIAM.

In this matter, the Office of Disciplinary Counsel (“ODC”) seeks review of a recommendation of the disciplinary board dismissing a portion of the formal charges against respondent, Philip Lawrence, an attorney licensed to practice law in Louisiana. In addition, the ODC seeks review of the. disciplinary board’s order that respondent be publicly reprimanded for the misconduct proven in the remaining counts of the formal charges.

PROCEDURAL HISTORY

On November 10, 2000, the ODC filed six counts of formal charges against respondent. The ODC alleged that respondent failed to provide competent representation to one client, in violation of Rule 1.1 of the Rules of Professional Conduct; neglected the legal matters of three clients, in violation of Rule 1.3; failed to communicate with six clients, in violation of Rule 1.4; failed to safeguard the property of one client, in violation of Rule 1.15; and failed to make reasonable efforts to expedite the litigation matters of two clients, a violation of Rule 3.2. Respondent answered the formal charges and denied any misconduct. The matter then proceeded to a formal hearing on the merits.

Following the hearing, the hearing committee issued its report and recommendation, finding that respondent failed to communicate with two clients and failed to safeguard the property of one client. The committee recommended that the | ¡remainder of the formal charges be dismissed. As discipline, the committee recommended respondent be suspended from the practice of law for three months, fully [700]*700deferred, subject to a one-year period of probation.

Both respondent and the ODC filed objections to the hearing committee’s recommendation. Respondent objected to the committee’s factual findings and legal conclusions, and argued that he should receive no more than a public reprimand for his misconduct. The ODC objected to the committee’s dismissal of ten of thirteen alleged violations of the Rules of Professional Conduct and to the leniency of the proposed sanction, arguing that respondent should receive an unspecified period of actual suspension, followed by probation with special conditions to protect the public.

Following its review, the disciplinary board generally adopted the hearing committee’s factual findings, and agreed that the committee correctly applied the Rules of Professional Conduct in connection with Counts I through VI. However, the board, with one dissenting member, concluded the appropriate sanction for respondent’s misconduct is a public reprimand.

The ODC sought review of the board’s ruling in this court. On December 16, 2002, the court ordered the parties to submit briefs (without oral argument) addressing the issue of whether the record supports the disciplinary board’s report. Respondent and the ODC both timely filed briefs in response to the court’s order.

DISCUSSION

This matter is presented to the court in an unusual procedural context. Ordinarily, a reprimand is a sanction which may be imposed by the disciplinary board itself, without the necessity of a recommendation to this court. Supreme Court Rule XIX, § 10(A)(4). However, under Supreme Court Rule XIX, § 11(G), the board is | ¡¡mandated to file in this court a report containing its findings and recommendations in the event the reprimand is “appealed.” 1

The use of the word “appeal” in Supreme Court Rule XIX, § 11(G) is something of a misnomer, as bar disciplinary matters come within the original jurisdiction of this court. La. Const, art. V, § 5(B). Therefore, we do not consider this matter in the capacity of an appellate court; instead, we act as triers of fact and conduct an independent review of the record to determine whether the alleged misconduct has been proven by clear and convincing evidence. In re: Quaid, 94-1316 (La.11/30/94), 646 So.2d 343; Louisiana State Bar Ass’n v. Boutall, 597 So.2d 444 (La.1992). Nonetheless, we generally accept the credibility evaluations made by those hearing committee members “who were present during respondent’s testimony and who act as the eyes and ears of this court.” In re: Bolton, 02-0257 (La.6/21/02), 820 So.2d 548. With this standard in mind, we now turn to a review of the record.

REVIEW OF THE RECORD

Count I — The Douglas Matter

Jerald Douglas retained respondent to handle a child support matter that was scheduled for hearing on August 24, 1998. The ODC alleges that on August 22, 1998, [701]*701respondent accepted $150 from Mr. Douglas, with the understanding that respondent would have the hearing rescheduled because he had a conflict and could not appear on that date. Nevertheless, respondent neither filed for a continuance nor appeared |4at the hearing, and a ruling adverse to Mr. Douglas was issued in the case. Respondent subsequently filed pleadings on Mr. Douglas’ behalf, but they were rejected in light of his non-appearance at the August 24 hearing. The ODC alleges respondent’s conduct violated the following provisions of the Rules of Professional Conduct: Rules 1.3 (failure to act with diligence and promptness in representing a client) and 1.4 (failure to communicate with a client).

Mr. Douglas did not testify at the disciplinary hearing. Testifying on his own behalf, respondent explained that he was not aware that a hearing was set in the child support matter on August 24, 1998, and testified that he did not tell Mr. Douglas that he had a conflict on that date and would have the hearing continued. Respondent did not attend the hearing, but he later filed a motion objecting to the recommendation made by the hearing officer concerning the child support issue.

The hearing committee found the ODC failed to prove that respondent was aware of the August 24 hearing. Noting that Mr. Douglas was not available to testify regarding his conversation with respondent, the committee accepted respondent’s testimony that had he been aware of the hearing and if he had a conflict, he would have filed a timely motion to continue the hearing, rather than file the motion for disagreement hearing that he subsequently filed. Based on this reasoning, the committee recommended that Count I of the formal charges be dismissed. We find no error in this conclusion.

Count II — The Hubert Matter

On January 14, 1999, Brian Hubert, a U.S. Navy seaman, died in an accident aboard a naval vessel docked in Virginia. Earl and Marie Hubert, Brian’s parents, subsequently retained respondent to file a wrongful death claim on their behalf. Respondent failed to communicate with his clients and failed to update them on the |fistatus of the case. Respondent also lost his clients’ file, which contained, among other things, original photographs of the ship where Brian died. The ODC alleges respondent’s conduct violated the following provisions of the Rules of Professional Conduct: Rules 1.1 (failure to provide competent representation to a client), 1.3, 1.4, and 1.15 (safekeeping property of clients or third persons).

Mr. and Mrs. Hubert testified that they first met with respondent on January 27, 1999 for an initial consultation concerning the accidental death of their son. The Huberts chose to discuss the matter with respondent because his telephone book advertisement noted his experience in military law and wrongful death cases.2

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Related

In Re Lawrence
954 So. 2d 113 (Supreme Court of Louisiana, 2007)

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Bluebook (online)
841 So. 2d 699, 2003 La. LEXIS 125, 2003 WL 203490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lawrence-la-2003.