In re Martin

883 So. 2d 392, 2004 La. LEXIS 2545, 2004 WL 1950255
CourtSupreme Court of Louisiana
DecidedSeptember 3, 2004
DocketNo. 2004-B-0444
StatusPublished
Cited by4 cases

This text of 883 So. 2d 392 (In re Martin) 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 Martin, 883 So. 2d 392, 2004 La. LEXIS 2545, 2004 WL 1950255 (La. 2004).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS

hPER CURIAM.

This disciplinary matter arises from a total of 42 counts of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against the respondent, Linward Martin, III, who is currently on interim suspension for threat of harm to the public.1

FORMAL CHARGES

On December 12, 2001, the ODC filed thirty-four counts of formal charges against respondent in the matter bearing the disciplinary board’s docket number 01-DB-119. These charges were amended on January 22, 2002 to add two additional counts. On November 21, 2002, the ODC filed a second set of six counts of formal charges against respondent in the disciplinary board’s docket number 02-DB-121. The two sets of formal charges were considered by separate hearing committees, [393]*393then Consolidated pursuant to an order of this court rendered on July 30, 2003. In re: Martin, 03-0818 (La.7/30/03), — So.2d -. On February 19, 2004, the disciplinary board filed in this court a single recommendation of discipline encompassing both matters involving respondent.

U01-DB-119 Counts 1 and 2

In October 1999, respondent settled a worker’s compensation claim on behalf of Delorise Henderson. Respondent had previously received written notice of a statutory lien for medical services provided to his client by Dr. Anthony Zuppardo, and by letter dated September 28, 1999, respondent agreed to protect Dr. Zuppar-do’s interest in the settlement of the worker’s compensation claim. Nevertheless, respondent failed to pay the sums owed to Dr. Zuppardo, totaling $1,222.

In August 2000, Dr. Zuppardo filed a complaint against respondent with the ODC. Respondent answered the complaint in September 2000, advising that he would pay Dr. Zuppardo. Thereafter, the ODC requested additional information concerning the matter, but respondent failed to reply to the supplemental requests for information.

Count S

Respondent represented Adam Sylve in a worker’s compensation claim against his former employer. In April 2000, respondent settled Mr. Sylve’s claim for $55,000. Mr. Sylve was unaware of the settlement and did not approve it. In August 2000, Mr. Sylve confronted respondent after learning of the settlement from the worker’s compensation judge. During the meeting, respondent confessed to Mr. Sylve that he had received the settlement proceeds, but was having financial problems and had spent the money. At respondent’s urging, Mr. Sylve signed a “Memorandum of Understanding,” stating that respondent’s law firm2 would disburse Mr. Sylve’s portion of the settlement to him in four installments over a period of time. Respondent |3gave Mr. Sylve four post-dated checks drawn on the law firm’s client trust account. When Mr. Sylve presented the first check for payment on August 30, 2000, there were insufficient funds in the account to cover the check; two weeks later, the firm’s bank froze the trust account.

Mr. Sylve reported respondent’s conduct to the Orleans Parish District Attorney’s Office. On October 13, 2000, respondent was arrested and charged with felony theft, a violation of La. R.S. 14:67(A), stemming from the Sylve matter. State v. Martin, No. 419-252 on the docket of the Orleans Parish Criminal District Court. On July 9, 2001, respondent pleaded guilty as charged. On September 17, 2001, respondent was sentenced to serve five years at hard labor, suspended, and placed on active probation for five years. Respondent was also ordered to serve 52 weekends in Orleans Parish Prison beginning September 21, 2001 and ordered to pay $47,500 in restitution to Mr. Sylve.

Count k

In September 2000, Mr. Sylve filed a complaint against respondent with the ODC. On September 26, 2000, the ODC forwarded a copy of the complaint to respondent by certified mail. Respondent failed to reply to the complaint. The ODC thereafter served respondent with a sub[394]*394poena compelling him to appear on September 5, 2001 and answer the complaint under oath. Respondent failed to appear on that date.

Count 5

In June 2000, respondent was retained to represent Bryan Saulsberry in a worker’s compensation claim against his former employer. Respondent failed to Bcommunicate with Mr. Saulsberry for a period of time, but by September 2000, he had settled the worker’s compensation claim for $24,000. Upon receipt of the settlement check, respondent deposited the funds into his law firm’s operating account, rather than a client trust account.

On September 5, 2000, respondent gave Mr. Saulsberry a cashier’s check representing a portion of his share of the settlement, and paid the remainder with a postdated check of $700 drawn on the firm’s operating account. When Mr. Saulsberry presented the $700 check for payment on September 8, 2000, there were insufficient funds in the account to cover the check. Mr. Saulsberry complained to respondent, who said that he would replace the check with a cash payment of $700 on September 11, 2000; however, respondent could not be located on that date. On September 15, 2000, Mr. Saulsberry deposited the $700 check into his own bank account. The check was subsequently returned by the drawee bank marked “Account Closed.”

Mr. Saulsberry reported respondent’s conduct to the Orleans Parish District Attorney’s Office. On March 12, 2001, respondent was arrested and charged with issuing worthless checks over $500, a violation of La. R.S. 14:71(A), stemming from the Saulsberry matter. State v. Martin, No. 421-356 on the docket of the Orleans Parish Criminal District Court. On September 17, 2001, respondent pleaded guilty as charged and was sentenced to serve three years at hard labor, suspended, and placed on active probation for three years.3 Respondent was also ordered to serve 52 weekends in Orleans Parish Prison beginning September 21, 2001 and ordered to pay $715 in restitution to Mr. Saulsberry.

| fiCount 6

In September 2000, Mr. Saulsberry filed a complaint against respondent with the ODC. On October 23, 2000, the ODC forwarded a copy of the complaint to respondent by certified mail. Respondent failed to reply to the complaint. The ODC thereafter served respondent with a subpoena compelling him to appear on January 4, 2001 and answer the complaint under oath. Respondent appeared on that date, but failed to produce the records that had been requested in conjunction with the ODC’s investigation. Respondent promised to produce the records, but did not do so, necessitating the issuance of a second subpoena.

Counts 7 and 8

Respondent represented a number of clients whom he referred to Dr. Steven Katz for evaluation and medical treatment. Respondent agreed to protect Dr. Katz’s interest in the settlement of the clients’ personal injury or worker’s compensation claims. Nevertheless, respondent failed to pay the sums owed to Dr. Katz.4

In September 2000, Dr. Katz filed a complaint against respondent with the [395]*395ODC. On November 6, 2000, the ODC forwarded a copy of the complaint to respondent by certified mail. Respondent failed to reply to the complaint. The ODC thereafter served respondent with a subpoena compelling him to appear on January 18, 2001 and answer the complaint under oath.

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Cite This Page — Counsel Stack

Bluebook (online)
883 So. 2d 392, 2004 La. LEXIS 2545, 2004 WL 1950255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-martin-la-2004.