In Re Morrison

819 So. 2d 1181, 2001 WL 954172
CourtMississippi Supreme Court
DecidedAugust 23, 2001
Docket2000-BR-01702-SCT
StatusPublished
Cited by33 cases

This text of 819 So. 2d 1181 (In Re Morrison) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Morrison, 819 So. 2d 1181, 2001 WL 954172 (Mich. 2001).

Opinion

819 So.2d 1181 (2001)

In re Petition for Reinstatement to Practice Law of Charles H. MORRISON.

No. 2000-BR-01702-SCT.

Supreme Court of Mississippi.

August 23, 2001.

Charles H. Morrison, pro se.

Christina J. Kelsey, Jackson, Attorney for Appellee.

*1182 EN BANC.

WALLER, J., for the court:

¶ 1. Charles H. Morrison was disbarred from the Mississippi Bar while working as a staff attorney for East Mississippi Legal Services in Meridian, Mississippi, for taking money from clients, failing or delaying to take action on behalf of clients, failing to tell the truth, and misleading clients concerning filings, hearings, and other matters. Believing he has met the requirements for the reinstatement of his license to practice law in Mississippi, Morrison now seeks to be readmitted to the practice of law. Because Morrison has failed to demonstrate that he has effectively rehabilitated himself, and due to the nature of the underlying offenses of disbarment, we deny his petition.

FACTS

¶ 2. Morrison was disbarred from practicing law in Mississippi on March 24, 1994, upon an opinion and judgment entered to a motion for default judgment to a formal complaint filed by the bar. A Northern Supreme Court District Complaint Tribunal consisting of Circuit Judge R. Kenneth Coleman, Honorable Betty W. Sanders, and Honorable Robert W. Elliot concluded that Morrison violated the Mississippi Rules of Professional Conduct, specifically Rules 1.3, 1.4, 1.15, 3.2 and 8.4(a), (c) and (d), and by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

¶ 3. All of the subject complaints occurred while Morrison worked as a staff attorney for East Mississippi Legal Services (EMLS) in Meridian, Mississippi, from March 1991 until November of 1992, providing civil representation to low-income individuals. Morrison resigned from EMLS in November of 1992 in lieu of dismissal after an investigation had been initiated into the manner in which Morrison was representing his clients. The investigation revealed the following: that Morrison had taken money from five different clients in the total amount of $415; he failed to take action on behalf of clients or delayed in taking such action; and he failed to tell the truth and misled clients concerning matters such as filings and hearings.

¶ 4. The investigation revealed that in July of 1992, Henry Stevens retained Morrison to file a Chapter 7 bankruptcy petition. Stevens paid Morrison the $120 filing fee and received assurances from Morrison that a petition would be filed to prevent garnishment of Steven's wages. Morrison retained the money and failed to file the bankruptcy petition until October of 1992, and only did so upon being questioned about the matter by the managing attorney at EMLS. Prior to the October filing, Morrison had advised Stevens that his bankruptcy case had been filed, that the first meeting of creditors had been scheduled, and that an order had been sent from the Bankruptcy Court to stop the garnishment.

¶ 5. In June of 1992, Ida Bell retained Morrison to file a bankruptcy case on her behalf. Bell paid Morrison a total of $60 toward the bankruptcy filing fee, which Morrison retained and failed to deposit into the EMLS client trust account. Bell's bankruptcy petition was not filed until late September of 1992, resulting in dismissal for failure to pay the filing fee, despite the $60 paid by Bell towards the $120 filing fee.

¶ 6. In July of 1992, Alesha Deason retained Morrison to file a Chapter 7 bankruptcy petition. Deason paid Morrison $60 towards the filing fee, which Morrison personally retained. In October of 1992, Morrison had Deason sign a blank bankruptcy petition, which he never filed.

¶ 7. In August of 1991, Lamar Reed retained Morrison to file a Chapter 7 *1183 bankruptcy, with Reed paying $30 towards the filing fee. Again, Morrison retained the $30 and never deposited it into the EMLS client trust account. Although Morrison represented to Reed that his bankruptcy case had been filed and the first meeting of creditors scheduled, no petition had been filed, and this resulted in the garnishment of Reed's wages.

¶ 8. In June of 1992, Kathleen Cole retained Morrison to defend her against a suit filed against her for breach of a promissory note. Morrison, on behalf of Cole, worked out a compromise with the opposing attorney, whereby Cole would bring the payments on the disputed promissory note current and pay all court costs, for a total of $175.00 by July of 1992. Pursuant to the compromise, Cole turned over to Morrison $175, with Morrison stating he would forward the money to the opposing counsel. Morrison failed to forward the money, causing opposing counsel to file a motion. Before the date set for hearing, the attorney for the complaining party dismissed the motion after receiving $150 from Morrison.

¶ 9. In addition, during the investigation by East Mississippi Legal Services into Morrison's actions, Morrison failed to disclose information and misled persons involved in the investigation.

¶ 10. As a result of these actions, the Tribunal found by clear and convincing evidence that Morrison demonstrated unprofessional and unethical conduct evincing unfitness for the practice of law for which the imposition of severe discipline was warranted. Morrison was ordered to pay to the Mississippi Bar all costs and expenses occasioned by the litigation of the complaint filed against him. Morrison was also ordered to return all files, papers, monies and other properties belonging to his clients. Morrison was further ordered to file either with the Tribunal or the Supreme Court of Mississippi an affidavit stating that all current Mississippi clients, every attorney and adverse party, have been notified of his disbarment.

BAR'S POSITION

¶ 11. The Mississippi Bar advises us that it "does not take a position concerning Morrison's petition for reinstatement to membership in the Bar and the re-issuance of his license to practice law in this State except as is required by Rule 12 of the Mississippi Rules of Discipline."

STANDARD OF REVIEW

¶ 12. The standard of reviewing questions of attorney reinstatement is well settled:

The Supreme Court of Mississippi (the Court) has exclusive and inherent jurisdiction of matters pertaining to attorney discipline, reinstatement, and appointment of receivers for suspended and disbarred attorneys. When reviewing disciplinary matters this Court reviews the evidence de novo, on a case-by-case basis sitting as triers of fact.

In re Smith, 758 So.2d 396, 397 (Miss. 1999).

DISCUSSION

¶ 13. "The Court's fundamental inquiry is whether [the attorney] has rehabilitated himself in conduct and character since the suspension was imposed. A firm resolve to live a correct life evidenced by outward manifestation sufficient to convince a reasonable mind clearly that the person has reformed is only required." In re Steele, 722 So.2d 662, 664 (Miss.1998).

¶ 14. Certain jurisdictional requirements must be met prior to reinstatement. The requirements are:

(1) Each petitioner must include a list of names and addresses of persons, parties, firms, or legal entities who suffered pecuniary loss due to the attorney's misconduct; *1184

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Cite This Page — Counsel Stack

Bluebook (online)
819 So. 2d 1181, 2001 WL 954172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-morrison-miss-2001.