In RE McKEE

976 So. 2d 152, 2008 WL 269621
CourtSupreme Court of Louisiana
DecidedFebruary 1, 2008
Docket2007-B-1381
StatusPublished

This text of 976 So. 2d 152 (In RE McKEE) 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 McKEE, 976 So. 2d 152, 2008 WL 269621 (La. 2008).

Opinion

976 So.2d 152 (2008)

In re Michelle D. McKEE.

No. 2007-B-1381.

Supreme Court of Louisiana.

February 1, 2008.
Rehearing Denied March 14, 2008.

*153 PER CURIAM.

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

UNDERLYING FACTS AND PROCEDURAL HISTORY

The ODC filed two sets of formal charges against respondent, consisting of a total of nine counts of misconduct. The charges were considered by separate hearing committees, then consolidated by order of the disciplinary board. The board then filed in this court a single recommendation of discipline encompassing both sets of formal charges.

05-DB-002

Count I — The Haydel-Harris Matter

In November 2001, respondent settled a personal injury claim for Sheryll Harris and withheld the sum of $2,165.40 to pay Dr. Michael Haydel, Ms. Harris' medical provider. However, Dr. Haydel did not receive payment from respondent for his services until July 2003, several months after the ODC received complaints from both Dr. Haydel and Ms. Harris. In August 2003, respondent gave a sworn statement to the ODC in which she admitted that she had converted the funds withheld from Ms. Harris' settlement which were intended for Dr. Haydel.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.15 (safekeeping property of clients or third persons), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

*154 Count II — The Bankruptcy Matters

In November 2003, the United States Trustee filed a complaint against respondent with the ODC, alleging that she failed to act with proper diligence in the representation of her clients during bankruptcy proceedings, failed to properly disclose attorney's fees paid by her clients,[1] and provided the court with false and misleading information. In addition, after her own personal bankruptcy proceeding was dismissed with prejudice, respondent filed a second petition for bankruptcy in violation of the court's order prohibiting her from doing so for a period of time.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rules 1.3, 3.3 (candor toward the tribunal), and 3.4(c) (knowing disobedience of an obligation under the rules of a tribunal).

Count III — The Espinosa Matter

In December 2002, respondent entered into an agreement with Celso and Yolanda Espinosa to purchase their home in New Orleans. The act of sale was set for January 31, 2003, at which time respondent was required to pay the Espinosas $72,718.98 in certified funds. At the closing, respondent did not have certified funds but wrote a personal check in that amount. In an attempt to prove that the check was good, respondent produced documentation purporting to show that she had obtained a $529,000 default judgment on behalf of a client in a personal injury case. However, respondent failed to disclose to the Espinosas that the default judgment had been set aside on September 24, 2002 because the defendant in the case was in bankruptcy.

Based upon the documentation provided by respondent, and her representation that her fee due from the personal injury case was more than sufficient to pay the $72,718.98 she needed to complete the sale, Mr. and Mrs. Espinosa granted respondent an extension until February 5, 2003 to produce the required certified funds. This date passed and no payment was made. The Espinosas then requested that respondent, who had already moved into the home, vacate the premises. Respondent refused to do so, forcing Mr. and Mrs. Espinosa to retain counsel to institute an eviction proceeding.[2] Respondent was ultimately physically evicted from the property on March 17, 2003.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rule 8.4(c).

Count IV — The Uni-Copy Matter

In February 2004, respondent purchased a copy machine for her law office from Uni-Copy Technologies, Inc. At this time, respondent no longer maintained an operating account, so she paid for her purchase with three post-dated checks drawn on her client trust account, each in the amount of $363.33. The checks were subsequently returned for insufficient funds.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rules 1.15, *155 8.4(a) (violation of the Rules of Professional Conduct), and 8.4(c).

Count V — The Steward Matter

In August 2002, Helen Steward retained respondent to file a petition for bankruptcy on her behalf. Ms. Steward paid respondent $633 towards a $700 fee to handle the matter, however, respondent failed to file the bankruptcy pleadings. She also failed to communicate with Ms. Steward and moved her law office without leaving a forwarding address.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rules 1.3 and 1.4 (failure to communicate with a client).

Count VI — The Bradford Matter

In August 2002, Betty Bradford retained respondent to file a petition for bankruptcy on her behalf. Ms. Bradford paid respondent $1,300. Respondent filed the bankruptcy pleadings but thereafter she failed to communicate with Ms. Bradford regarding the matter. In January 2004, Ms. Bradford's bankruptcy proceeding was dismissed on motion of the Chapter 13 trustee because respondent failed to appear for hearings in the matter.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rules 1.3 and 1.4.

06-DB-001

Count I — The Durel Matter

In November 2003, respondent settled Mary Durel's personal injury claim for the sum of $2,000. Respondent retrieved the settlement check from opposing counsel on December 17, 2003, the same day that Mrs. Durel died.[3] Respondent then endorsed Mrs. Durel's signature on the check and negotiated it. She also failed to return the settlement documentation to opposing counsel. When questioned about the matter, respondent admitted that she had settled her client's claim without authority, endorsed the settlement check without authority, and converted the funds.

The ODC alleges that respondent's conduct violates the following provisions of the Rules of Professional Conduct: Rules 1.4, 1.15, 8.4(a), and 8.4(c).

Count II — The Grady Matter

In 2002, Betty Grady retained respondent to represent her in a personal injury matter. At respondent's suggestion, Ms. Grady obtained loans on her case totaling approximately $4,500; respondent then persuaded Ms. Grady to give her one-half of the loan proceeds for her personal use. Respondent has not repaid this sum. After a lengthy period of no communication and no information about the progress of her case, Ms. Grady discharged respondent in writing. She also made repeated requests to respondent for her file so that she could secure the services of a new attorney. However, respondent failed to comply with Ms. Grady's requests.[4]

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

Related

In Re Caulfield
683 So. 2d 714 (Supreme Court of Louisiana, 1996)
Louisiana State Bar Ass'n v. Whittington
459 So. 2d 520 (Supreme Court of Louisiana, 1984)
Louisiana State Bar Ass'n v. Reis
513 So. 2d 1173 (Supreme Court of Louisiana, 1987)
Louisiana State Bar Ass'n v. Boutall
597 So. 2d 444 (Supreme Court of Louisiana, 1992)
Louisiana State Bar Association v. Haylon
198 So. 2d 391 (Supreme Court of Louisiana, 1967)
In Re Pardue
633 So. 2d 150 (Supreme Court of Louisiana, 1994)
In Re Quaid
646 So. 2d 343 (Supreme Court of Louisiana, 1994)
In re Yaeger
897 So. 2d 571 (Supreme Court of Louisiana, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
976 So. 2d 152, 2008 WL 269621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mckee-la-2008.