In re Martin

951 So. 2d 167, 2007 WL 706804
CourtSupreme Court of Louisiana
DecidedMarch 9, 2007
DocketNo. 2006-B-2948
StatusPublished
Cited by1 cases

This text of 951 So. 2d 167 (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, 951 So. 2d 167, 2007 WL 706804 (La. 2007).

Opinion

[168]*168ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

_J^This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Lawrence H. Martin, Jr., an attorney licensed to practice law in Louisiana but currently ineligible to practice.1

UNDERLYING FACTS

In 2002, Victor Baldovino hired respondent to represent him in a Chapter 13 bankruptcy. He paid respondent $600 plus court costs. Respondent filed the bankruptcy petition, but the trustee objected. Respondent failed to inform Mr. Baldovino of the objection and the requirement that he pay pursuant to the bankruptcy plan. The court denied the confirmation of the bankruptcy plan on July 23, 2002. Mr. Baldovino believed respondent would amend the plan. However, the amendment was not filed. Therefore, the trustee filed a motion to dismiss, which was set for hearing on August 20, 2002. Respondent failed to inform Mr. Baldovino of the hearing. He also failed to object to the motion. Consequently, Mr. Baldovi-no’s case was dismissed. During this time period, Mr. Baldovino attempted to contact respondent but was unsuccessful.

| ^Subsequently, Mr. Baldovino hired other counsel to represent him. His new counsel filed another bankruptcy petition, and his bankruptcy plan was eventually approved.

On August 12, 2003, Mr. Baldovino forwarded a certified letter to respondent, which included an itemization of costs totaling $3,400, which he incurred due to respondent’s negligence. On November 3, 2003, respondent forwarded Mr. Baldovino a $1,000 check and indicated he would make two more monthly payments to pay the balance. However, he failed to make the rest of the payments.

In December 2003, the ODC forwarded respondent notice of Mr. Baldovino’s complaint against him via certified mail. Re[169]*169spondent failed to respond to the notice or a follow-up letter also sent via certified mail. The ODC’s further efforts to contact respondent were unsuccessful.

DISCIPLINARY PROCEEDINGS

After investigation of Mr. Baldovino’s complaint, the ODC filed one count of formal charges against respondent, alleging his conduct violated the following Rules of Professional Conduct: Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.5(f)(6) (failure to account for or refund an unearned fee), 1.16(d) (obligations upon termination of the representation), and 8.1(c) (failure to cooperate with the ODC in its investigation).

Respondent was served with the formal charges via certified mail delivered on March 24, 2005. Respondent failed to answer or otherwise reply to the formal charges. Accordingly, the factual allegations contained therein were deemed admitted and proven by clear and convincing evidence pursuant to Supreme Court | aRule XIX, § 11(E)(3). No formal hearing was held, but the parties were given an opportunity to file with the hearing committee written arguments and documentary evidence on the issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

Hearing Committee Recommendation

After reviewing the ODC’s deemed admitted submission, the hearing committee made the following factual findings:

1) Mr. Baldovino hired respondent to file a Chapter 13 Bankruptcy petition in January 2002 and paid him a $600 fee plus costs;
2) Respondent filed the bankruptcy petition, and the bankruptcy trustee filed an objection to same;
3) Respondent did not advise Mr. Bal-dovino of the objection or the fact that he had to remit payments pursuant to the bankruptcy plan;
4) The bankruptcy court denied confirmation of the Chapter 13 plan in July 2002;
5) Respondent did not file an amended plan as Mr. Baldovino believed he would;
6) The trustee filed a motion to dismiss the bankruptcy, and same was set for hearing on August 20, 2002;
7) Respondent did not file an opposition to the motion, and the bankruptcy case was dismissed;
8) Respondent consistently failed to respond to Mr. Baldovino’s numerous attempts to contact him;
|49) Mr. Baldovino was required to retain new counsel, incurring additional expenses;
10) On December 19, 2002, Mr. Baldovi-no’s new counsel filed another Chapter 13 bankruptcy petition, and the plan was subsequently approved;
11) Respondent sent a letter to Mr. Bal-dovino’s new counsel proposing to pay $3,400 in three monthly installments to reimburse Mr. Baldovino for his additional expenses; however, respondent defaulted on the proposed payment plan; and
12) Respondent failed to cooperate in any way with the ODC.

Based on these findings, the committee determined that respondent violated Rules 1.3, 1.4, and 1.16(d) of the Rules of Professional Conduct. The committee also determined that respondent violated duties owed to his client and failed to cooperate with the ODC in its investigation of Mr. Baldovino’s complaint. Respondent’s conduct caused substantial harm to Mr. Bal-dovino in that he incurred additional ex[170]*170penses and time delays in his bankruptcy matter. Relying upon the ABA’s Standards for Imposing Lawyer Sanctions, the committee determined that the baseline sanction is a period of suspension.

In aggravation, the committee found the following to be present: prior disciplinary offenses,2 dishonest or selfish motive, a pattern of misconduct, bad faith obstruction of the disciplinary proceedings by intentionally failing to comply with rules or orders of the disciplinary agency, refusal to acknowledge the wrongful nature of the conduct, vulnerability of the victim, substantial experience in the practice of |slaw (admitted 1981), indifference to making restitution, and ineligibility to practice law. The committee found no mitigating factors present.

Considering the prior jurisprudence of this court involving misconduct similar to that at issue in the instant case, the com■mittee recommended that respondent be suspended from the practice of law for one year.

Neither respondent nor the ODC filed an objection to the hearing committee’s recommendation.

Disciplinary Board Recommendation

After reviewing this matter, the disciplinary board determined that respondent violated Rules 1.3,1.4,1.16(d), and 8.1(c) of the Rules of Professional Conduct. The board determined there is no basis for a finding that respondent failed to refund an unearned fee in light of Mr. Baldovino’s admission in his sworn statement that respondent refunded $800 to him.

The board further determined that respondent violated duties owed to his client and as a professional. Respondent acted knowingly and caused actual harm to his client. He also caused harm to the disciplinary system by delaying the resolution of the complaint. Pursuant to the ABA’s Standards for Imposing Lawyer Sanctions, the baseline sanction is a period of suspension.

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In re Guste
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Bluebook (online)
951 So. 2d 167, 2007 WL 706804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-martin-la-2007.