In Re Patrick

970 So. 2d 964, 2007 WL 4355830
CourtSupreme Court of Louisiana
DecidedDecember 14, 2007
Docket2007-B-1222
StatusPublished
Cited by4 cases

This text of 970 So. 2d 964 (In Re Patrick) 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 Patrick, 970 So. 2d 964, 2007 WL 4355830 (La. 2007).

Opinion

970 So.2d 964 (2007)

In re Robert E. PATRICK.

No. 2007-B-1222.

Supreme Court of Louisiana.

December 14, 2007.

*965 ATTORNEY DISCIPLINARY PROCEEDINGS.

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Robert E. Patrick, a disbarred attorney.

PRIOR DISCIPLINE

Before we address the current charges, we find it helpful to review respondent's disciplinary history since he was admitted to the practice of law in Louisiana in 1983.

In 1991, respondent was admonished by the disciplinary board for the improper use of his client trust account. In 1995, the board admonished respondent for incompetence, failure to communicate with a client, and assessing an improper fee.

In September 1995, we suspended respondent from the practice of law for ninety days, fully deferred, for providing inaccurate information to clients and to courts in two criminal matters. In re: Patrick, 95-1621 (La.9/15/95), 600 So.2d 433.

In March 1999, we placed respondent on interim suspension for threat of harm to the public. In re: Patrick, 99-0410 (La.3/24/99), 733 So.2d 1180. In July 1999, we disbarred respondent. In re: Patrick, 99-0771 (La.7/2/99), 738 So.2d 539 ("Patrick I"). Respondent's misconduct in Patrick I included commingling and conversion of client funds and submission of false evidence in an attempt to cover up his wrongdoing. Respondent has not sought readmission from his 1999 disbarment.[1]

Against this backdrop, we now turn to a consideration of the misconduct at issue in the present proceeding.

FORMAL CHARGES

In 2004, the ODC filed four counts of formal charges against respondent, the second of which involved respondent's failure to refund an unearned fee. Following a hearing, the hearing committee concluded that the ODC did not carry its burden of proving by clear and convincing evidence the misconduct alleged in the second count of the formal charges. The disciplinary board agreed with this finding and *966 recommended that Count II be dismissed. The ODC did not object to the board's recommendation as it pertains to the dismissal of Count II, and accordingly, the issues relating to Count II are not discussed herein.

Count I—The Smith Matter

In September 1998, Corinthian Smith retained respondent to represent his seventeen-year old daughter, Nicole Smith, who had been issued a misdemeanor summons after she attempted to use her mother's driver's license to enter a casino in Lake Charles. Based upon respondent's misrepresentation to Mr. Smith that the charge against Nicole was a felony, Mr. Smith agreed to pay respondent $2,500 to handle the matter. Of the sum paid by Mr. Smith, $2,000 represented respondent's attorney's fees for defending the "felony" charge, with the remaining $500 to cover court costs and the fees associated with expungement. Respondent performed no work on Nicole's behalf other than accompanying her to the Sulphur City Court for arraignment, where in accordance with standard practice she pled guilty and was fined $100. The fine and court costs were paid by Mr. Smith, and were not taken from the cost funds previously paid to respondent for that purpose.

The ODC alleges that respondent's conduct in the Smith matter violated the following provisions of the Rules of Professional Conduct: Rules 1.5 (fee arrangements) and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

Counts III and IV—The Unauthorized Practice of Law Matters

Respondent's disbarment in Patrick I became effective on July 16, 1999. Thereafter, respondent opened an office in Ragley, Louisiana under the trade name "The Legal Research Center," and proceeded to represent and provide legal advice to clients.[2] One such client was Louis Burge, whom respondent represented in connection with a worker's compensation claim. Respondent provided legal advice to Mr. Burge and attempted to negotiate a settlement on his behalf in 2000. Likewise, in 2000, Horace Douglas retained respondent to represent him in a criminal matter. Mr. Douglas paid respondent $1,000 for the representation.

The ODC alleges that respondent's conduct in the Burge and Douglas matters constitutes the unauthorized practice of law, which is a crime pursuant to La. R.S. 37:213.[3] The ODC further alleges that *967 respondent violated the following provisions of the Rules of Professional Conduct: Rules 5.5(a) (engaging in the unauthorized practice of law), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), and 8.4(c).

DISCIPLINARY PROCEEDINGS

As previously noted, the ODC filed formal charges against respondent in 2004. The ODC sought the imposition of permanent disbarment for respondent's misconduct. Respondent answered the formal charges and denied any misconduct. This matter then proceeded to a formal hearing on the merits.

Hearing Committee Report

Considering the evidence and testimony presented at the hearing, the hearing committee made the following findings of fact and law:

1. Corinthian Smith retained respondent to represent his daughter on a misdemeanor filed in the Sulphur City Court, Ward 4.
2. Respondent told Mr. Smith that his daughter faced a felony charge. This was an intentional act of deception.
3. Respondent knowingly misrepresented the nature and severity of the charge to Mr. Smith.
4. Respondent quoted a fee to Mr. Smith of $2,500, which was to have included representation in the pending charge, the payment of any fines or costs resulting therefrom, and the preparation of an expungement.
5. Respondent told Mr. Smith that he had talked to the FBI and obtained a reduction in the charge to a misdemeanor. This was an intentional act of deception.
6. Respondent knowingly misrepresented his efforts on behalf of Mr. Smith's daughter. No such contact was made, nor would it have had any impact on the charge faced by his client if it had taken place. Respondent performed no services for his client in the Smith matter, other than to stand with his client at the time of her guilty plea.
7. The sentence obtained by Mr. Smith's daughter is consistent with that to be rendered for similarly situated but unrepresented defendants in Sulphur City Court.
8. The fee charged for respondent's services in the Smith matter was grossly excessive, constituting a violation of Rule 1.5.
9. Respondent's deception of Mr. Smith constitutes a violation of Rule 8.4(c).
10. Respondent's failure to refund the unearned portion of his fee to Mr. Smith constitutes a violation of Rule 1.5.
11. While disbarred by the Louisiana Supreme Court, respondent represented Louis Burge in a worker's compensation claim, constituting a violation of Rule 5.5(a).
12. Respondent acted in the manner of an attorney on behalf of Mr. Burge in his communications with the adjuster assigned the Burge claim and intentionally engaged in the unauthorized practice of law in violation of La. R.S. 37:213.
13. Respondent's conduct in the Burge matter involved dishonesty, fraud, deceit, and misrepresentation in violation of Rule 8.4(c).

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Cite This Page — Counsel Stack

Bluebook (online)
970 So. 2d 964, 2007 WL 4355830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-patrick-la-2007.