In re Pearson

100 So. 3d 313, 2012 La. LEXIS 2716, 2012 WL 4901059
CourtSupreme Court of Louisiana
DecidedOctober 16, 2012
DocketNo. 2012-B-0940
StatusPublished
Cited by2 cases

This text of 100 So. 3d 313 (In re Pearson) 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 Pearson, 100 So. 3d 313, 2012 La. LEXIS 2716, 2012 WL 4901059 (La. 2012).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

| T This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Walter Brent Pearson, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

At all times relevant to this proceeding, respondent was a partner in the Alexandria law firm of Crowell and Owens (hereinafter referred to as “the firm”) and was solely responsible for handling the firm’s financial matters. The firm managed its payroll expenses by transferring funds to WB Management, Inc. (“WB”), a company the firm established at respondent’s suggestion and specifically for this purpose. Eventually, the firm’s accountants learned that respondent had caused excess funds from the firm to be distributed to the WB account, which funds he then converted to his own use. In January 2010, the firm discovered some eighteen unauthorized withdrawals from WB totaling $133,489.75, all payable directly to respondent or to persons or companies affiliated with or controlled by respondent.

Respondent acknowledged that he misappropriated the funds and resigned from the firm in February 2010. However, pri- or to his departure, he distributed $29,000 of the firm’s funds to himself without the knowledge, consent, or |2permission of the other partners.1 Thereafter, his former partners learned that respondent had also used a firm credit card to pay for personal expenses. Some of the credit card bills were paid by respondent using the firm’s funds while others were paid by respondent using funds in the WB account. However, in every instance, respondent made the payments without the knowledge, consent, or permission of the firm’s partners.

DISCIPLINARY PROCEEDINGS

Both respondent and the firm reported his conversion of funds to the ODC. In September 2010, the ODC filed formal charges against respondent, alleging that his conduct as set forth above violated the following provisions of the Rules of Professional Conduct: Rules 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act that reflects adversely on the lawyer’s honesty, trust[315]*315worthiness, or fitness as a lawyer), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

Respondent answered the formal charges and admitted that he made unauthorized withdrawals from WB, which he indicated was wholly owned by William B. Owens (another partner in the firm) and himself. He also indicated that he had reimbursed some of the funds and was in the process of re-paying the full amount of unauthorized withdrawals.2 However, respondent denied taking any unauthorized distributions from the firm, and he denied engaging in any misconduct with respect to the charges he made using the firm’s credit card.

IsThis matter proceeded to a formal hearing on the merits, conducted by the hearing committee in May 2011. The ODC introduced documentary evidence at the hearing and called two witnesses to testify before the committee. Respondent also introduced documentary evidence and called several witnesses, including character witnesses, to testify before the committee. Finally, respondent testified on his own behalf and on cross-examination by the ODC.

Hearing Committee Report

After considering the testimony and evidence presented at the hearing, the hearing committee made factual findings, including the following:

1. Respondent was admitted to the practice of law in 1985 and is also a CPA. He assisted his father, a successful pharmacist who invented a pill counting machine that is widely acclaimed in the industry, as a CPA and an attorney, both in several businesses and with the acquisition and sale of drug stores. Respondent also worked for the firm, whose legal work consisted primarily of tax and transactional matters.
2. Respondent testified that Mr. Owens was like a father to him and that the law partnership was successful.
8. WB is a company created by the firm in which funds were deposited from the firm to meet payroll expenses, distribute money to the partners, and pay health insurance premiums. This arrangement started in the early 1990’s.
4. Respondent was entrusted with the responsibility of transferring funds to and paying the appropriate expenses from the WB account.
5. Respondent started a company with his father called Pearson Medical Technologies.3 This company was not profitable in and around 2007 and l4needed an influx of cash to continue its operations. Respondent admitted that he was having a hard time finding the necessary capital to make Pearson Medical Technologies successful and competitive.
6. Respondent acknowledged making eighteen separate unauthorized withdrawals of funds from WB for his own personal use. He indicated that he needed the funds to assist Pearson Medical Technologies. [316]*316Undisputed evidence showed that respondent made ten withdrawals totaling $75,200 from WB over a period of 13 months (between November 19, 2007 and December 24, 2008).
7. In January 2009, respondent made two repayments to WB totaling $25,000, followed by a repayment of $10,000 at the beginning of February 2009. Within nineteen days of his last repayment, respondent made the first of eight more unauthorized withdrawals from WB. Total unauthorized withdrawals were approximately $133,489.75 over a period of 25 months. Voluntary repayments at the time the misconduct surfaced totaled $35,000.
8. Respondent was confronted by his partners regarding a discrepancy found in the firm’s records during a year-end review. Mr. Owens informed respondent that the firm was obligated to report the conversion of funds to the ODC and recommended that respondent also self-report his conduct to the ODC. On February 22, 2010, respondent self-reported his conduct to the ODC. At that time, he had made $61,000 in restitution to the firm.
9. Respondent left the firm, and litigation ensued with regard to a division of assets, allocation of expenses, and the usual financial discernment process that is necessary when business partnerships are concluded.
10.The parties stipulated that all litigation between respondent and his former partners was settled prior to the committee taking testimony. The terms of the compromise are confidential; however, counsel for the respective parties | ¿did report that no money or funds are due and owing to either party and that restitution is not an issue.
11. Respondent admitted that on several different occasions, he converted money from the WB account for his personal use. He testified that he intended to pay the firm back, and that is evidenced by his several repayments.
12. Respondent admitted that his conduct was dishonest, that the money was not properly allocated, and that he knew the conduct was wrong. He apologized to his partners. He also acknowledged that his judgment in the matter was blinded, and he was embarrassed for the shame that he brought upon his family. He expressed great remorse for the terrible decision he made.
13.

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Cite This Page — Counsel Stack

Bluebook (online)
100 So. 3d 313, 2012 La. LEXIS 2716, 2012 WL 4901059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pearson-la-2012.