In Re Lawrence

884 So. 2d 561, 2004 WL 2340197
CourtSupreme Court of Louisiana
DecidedOctober 19, 2004
Docket2004-B-0019
StatusPublished
Cited by2 cases

This text of 884 So. 2d 561 (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, 884 So. 2d 561, 2004 WL 2340197 (La. 2004).

Opinion

884 So.2d 561 (2004)

In re John V. LAWRENCE.

No. 2004-B-0019.

Supreme Court of Louisiana.

October 19, 2004.

*562 Charles B. Plattsmier, Chief Disciplinary Counsel, Shana M. Broussard, Deputy Disciplinary Counsel for Applicant.

John V. Lawrence, Mandeville, for Respondent.

ATTORNEY DISCIPLINARY PROCEEDINGS.

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John V. Lawrence, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS AND PROCEDURAL HISTORY

On May 1, 1997, respondent was employed as an associate by the Gretna law firm of Windhorst, Gaudry, Ranson, Higgins & Gremillion, L.L.C. (the "Windhorst firm"). In June 1997, Allison Curtis retained the Windhorst firm to represent her in a personal injury matter. The firm accepted the representation on a one-third contingent fee basis, and respondent was thereafter assigned to handle certain tasks in connection with the file. On April 24, *563 1998, respondent filed a petition for damages on behalf of Ms. Curtis in the matter entitled Allison Curtis v. Beaver Productions, Inc., et al., No. 98-7317 on the docket of the Civil District Court for the Parish of Orleans. On July 6, 1998, the Metairie law firm of Aubert & Pajares, L.L.C. (the "Aubert firm") filed an answer to the petition on behalf of the defendants. On July 14, 1998, respondent resigned from the Windhorst firm to accept a position as an associate with the Aubert firm, working in its Covington office.

Following respondent's departure from the Windhorst firm, a partner of the firm, Daryl Higgins, assumed responsibility for the handling of Ms. Curtis' personal injury case. On August 11, 1998, Mr. Higgins filed a motion to disqualify the Aubert firm from the continued representation of the defendants in the Curtis matter. In support, Mr. Higgins alleged that the time records maintained by the Windhorst firm reflected that respondent had worked on the Curtis case for approximately fifteen hours, performing such tasks as interviewing the client, writing correspondence to the client, medical providers, and others, reviewing correspondence, drafting pleadings, and making telephone calls. Consequently, Mr. Higgins argued that respondent had knowledge of relevant, confidential information that must be imputed to the other members of the Aubert firm under the Rules of Professional Conduct.

In opposition to the motion, the Aubert firm submitted an August 13, 1998 affidavit prepared by respondent attesting that he did not possess any privileged information about the Curtis case that would require the disqualification of his new firm from the matter. Furthermore, respondent stated that regardless of what his timesheets reflected, he only worked on the Curtis case for one hour during the period of his employment with the Windhorst firm. According to respondent, while he was associated with the Windhorst firm he "padded" his timesheets with hours he did not actually work. Respondent explained that he did so because he "frequently had too little work to do to occupy all my time," and that when he brought his concern to the partners, he was "encouraged, both specifically and by implication, to `pad my bills.'" Believing "it is wrong to bill clients for work that is not done," but fearing he would lose his job if he did not do so, respondent decided

to "pad" my bills in the plaintiff's personal injury contingency fee cases on which I was working by logging time that I did not actually work. I felt this was the most acceptable solution to my dilemma, because (a) bills in plaintiff's personal injury contingency fee cases are not paid by the client, so there was no real damage done to anyone by a "padded bill," and (b) when my total hours were checked by the partners of the firm, the amount would be high enough to keep my job. While this was not a perfect solution to a tough dilemma, it was the best, in my view, under the circumstances.

Therefore, to the extent that his timesheets from the Windhorst firm reflected more than one hour of work on the Curtis case, respondent explained in his affidavit that it was "simply work that was logged but not done ... to satisfy the billing requirements of the firm to save my job." Respondent's affidavit was placed under seal pursuant to an order of the trial court signed on September 16, 1998.[1]

*564 The motion to disqualify was set for hearing before Judge Max N. Tobias, Jr. on September 18, 1998. On the day of the hearing, the Aubert firm withdrew its opposition to the motion; accordingly, Judge Tobias granted the motion and disqualified the Aubert firm. The same day, Judge Tobias mailed the ODC a copy of respondent's affidavit (as well as a countervailing affidavit offered by a partner of the Windhorst firm) "for such actions as you may wish to take in the matter."

On September 22, 1998, the Windhorst firm filed a complaint against respondent with the ODC. The Windhorst firm also sought the imposition of sanctions against respondent and the Aubert firm and filed a rule for contempt against them in the trial court. On February 17, 1999, respondent gave a deposition under oath in connection with the civil matter. Although respondent invoked the Fifth Amendment in response to any questions concerning the affidavit or its contents, in response to a question whether he "put work down on the Allison Curtis file that was not truly reflective of the time that [he] spent doing the work," respondent answered "yes."

In September 1999, Ms. Curtis settled her personal injury claim against the defendants. The parties filed a motion to dismiss in connection with the settlement, which purported to reserve Ms. Curtis' right to pursue the contempt and Rule 863 motions against respondent and the Aubert lawyers. Nevertheless, on February 11, 2000, Judge Tobias dismissed those matters, concluding they are properly addressed in the context of a lawyer disciplinary proceeding.

DISCIPLINARY PROCEEDINGS

On July 12, 2002, the ODC filed formal charges alleging that respondent's conduct (specifically the "padding" of his timesheets in the Curtis case) violated Rules 8.4(a) (violation of the Rules of Professional Conduct) and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Rules of Professional Conduct. Respondent answered the formal charges and denied any misconduct. The matter then proceeded to a formal hearing on the merits.

Hearing Committee Recommendation

After reviewing the evidence presented at the hearing, the hearing committee made a factual finding that a question exists concerning the actual amount of time respondent spent working on the Curtis file while employed by the Windhorst firm. Nevertheless, the committee found that prior to an offer of employment being extended by the Aubert & Pajares firm, respondent disclosed that he had worked on the Curtis matter, which was then being defended by his prospective employer. The firm inquired whether respondent had performed substantial tasks on the Curtis matter, and he assured them that he had not.

Based on these factual findings, the committee determined that respondent violated Rules 8.4(a) and 8.4(c) of the Rules of Professional Conduct. Respondent submitted false billing statements to his former firm, knowing the information was dishonest, and induced the firm to consider his bills as a determining factor regarding compensation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Henry
191 So. 3d 562 (Supreme Court of Louisiana, 2016)
In Re Romansky
938 A.2d 733 (District of Columbia Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
884 So. 2d 561, 2004 WL 2340197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lawrence-la-2004.