In re Peters

959 So. 2d 846, 2007 La. LEXIS 1513, 2007 WL 1866780
CourtSupreme Court of Louisiana
DecidedJune 29, 2007
DocketNo. 2007-B-0349
StatusPublished
Cited by1 cases

This text of 959 So. 2d 846 (In re Peters) 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 Peters, 959 So. 2d 846, 2007 La. LEXIS 1513, 2007 WL 1866780 (La. 2007).

Opinions

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

1 iThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Stephen K. Peters, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

The Kibby Matter

In 1991, Eloise Kibby paid respondent $1,200 to represent her in a divorce, child custody, and child support matter. In April 1991, respondent filed a petition for divorce on behalf of Ms. Kibby. In July 1991, the judge signed a stipulated judgment which resolved the custody and support issues. Thereafter, respondent abandoned the case without obtaining a judgment of divorce. Ms. Kibby was unaware that respondent had not obtained a judgment of divorce until several years later, when this fact was brought to her attention by another lawyer.

The Osborne Matter

The facts of this matter are not in dispute, as they have been stipulated to by the parties.1

In August 1999, Mary Osborne hired respondent to represent her in a Chapter 13 bankruptcy. Respondent’s $1,000 fee was paid from the bankruptcy plan. Ms. | ¡.Osborne’s bankruptcy was filed on August 30, 1999 and confirmed on December 1, 1999. In February 2000, Ms. Osborne’s mortgage company moved to lift the automatic bankruptcy stay on her home, to which motion respondent filed an objection. The hearing on the motion was continued twice in order to allow Ms. Osborne time to modify her bankruptcy plan to cure the arrearage pertaining to her mortgage. Copies of certain documents which were to be used in support of the modified plan were hand-delivered by Ms. Osborne to respondent’s office on March 3, 2000. Because respondent’s office misplaced the copies, she hand-delivered a second set on April 18, 2000. Nonetheless, respondent did not modify the bankruptcy plan. Consequently, on April 19, 2000, the automatic [849]*849stay was lifted and the mortgage company was allowed to proceed with foreclosure.

The Modeliste Matter

The facts of this matter are not in dispute, as they have been stipulated to by the parties.

In early 2003, Samantha Modeliste hired respondent to represent her in a Chapter 13 bankruptcy. Respondent required that Ms. Modeliste pay $600 in advance legal fees plus $185 for filing fees. The remainder of respondent’s $1,200 fee was to be paid through the bankruptcy plan. On January 13, 2003, Ms. Modeliste paid respondent $600 plus the $185 earmarked for the filing fee. On January 14, 2003, before signing the bankruptcy documents, Ms. Modeliste notified respondent that she had changed her mind about fifing bankruptcy. Although she requested a full refund, respondent claimed that he had already completed the bankruptcy documents, thereby earning the $600 retainer.2 On January 16, 2003, respondent refunded the |⅞$185 fifing fee to Ms. Modeliste. However, for the three days the $185 was in his possession, respondent failed to maintain those funds in his trust account and instead commingled the funds with his own funds.

The King Matter

The facts of this matter are not in dispute, as they have been stipulated to by the parties.

In June 2003, Charlella King hired respondent to represent her in a Chapter 13 bankruptcy. Respondent required that Ms. King pay $600 in advance legal fees plus $185 for fifing fees. The remainder of respondent’s $1,200 fee was to be paid through the bankruptcy plan. In July 2003, Ms. King paid respondent $600 plus the $185 earmarked for the fifing fee. Approximately three weeks later, before signing the bankruptcy documents, Ms. King notified respondent that she had changed her mind about fifing bankruptcy. Although she requested a full refund, respondent claimed that he had already completed the bankruptcy documents, thereby earning the $600 retainer.3 On August 28, 2003, respondent refunded the $185 fifing fee to Ms. King. However, for the approximately two months- the $185 was in his possession, respondent failed to maintain those funds in his trust account and instead commingled the funds with his own funds.

The First Commingling Matter

The facts of this matter are not in dispute, as they have been stipulated to by the parties.

|40n December 26, 2002, respondent deposited $1,584.66 in personal funds into his client trust account. He commingled these personal funds in his trust account for approximately one year, until December 4, 2003. Furthermore, between December 2003 and July 2004, there was no activity in respondent’s client trust account. The balance in the trust account during this period was $2,638.72, of which $1,735 was disputed fees maintained in trust. However, the remaining $903.72 represented respondent’s personal funds commingled in the trust account.

The Cummings Matter

In 2001, Daniel and Janet Cummings filed for Chapter 13 bankruptcy, which was later converted to a Chapter 7 bankruptcy. [850]*850On September 15, 2003, the Cummings hired respondent to represent them in filing another Chapter 13 bankruptcy. After the Cummings disclosed to respondent the details of their prior bankruptcy, he agreed to handle their case for $1,200. Respondent required that the Cummings pay $600 in advance legal fees plus $185 for filing fees. On the same date, the Cummings paid respondent $750, leaving a $35 balance owed toward the required advance payments. The Cummings understood that respondent would not start working on their case until they paid the balance due.

The next day, the Cummings notified respondent that they had decided not to file bankruptcy. Although they requested a full refund, respondent claimed that he had already begun working on their case; therefore, he only refunded $375.

In October 2003, the Cummings returned to respondent for help filing a Chapter 7 bankruptcy. Respondent’s fee was $700; however, since he had previously retained $375 paid by the Cummings, he agreed to handle the Chapter 7 bankruptcy for an additional $325. The Cummings paid respondent $325 on October 6, 2003. Approximately one week later, respondent advised the Cummings that they were not | ^eligible for Chapter 7 relief because they had previously filed a Chapter 7 bankruptcy in 2001. Despite this fact, respondent only refunded $100 to the Cummings.

The Cummings disputed that respondent earned any of the $600 fee he kept. Nonetheless, respondent failed to deposit the disputed fee into his client trust account and failed to provide the Cummings with an accounting. The disputed fee issue has been referred to the LSBA’s fee dispute resolution program.

The Vance Matter

In March 2000, Ida Vance hired respondent to represent her in filing Chapter 7 bankruptcy. Ms. Vance paid $400 towards respondent’s $700 fee and understood that respondent would not begin working on her case until she paid the $300 balance.

Subsequently, Ms. Vance contacted respondent and requested a full refund because she was unable to pay the $300 and did not wish to proceed with the bankruptcy. However, respondent claimed he had already begun working on her case; therefore, he only agreed to refund $200. Ms. Vance refused to accept anything less than a full refund, and no refund was provided at that time.

Some time later, Ms.

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Related

In Re Peters
2 So. 3d 420 (Supreme Court of Louisiana, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
959 So. 2d 846, 2007 La. LEXIS 1513, 2007 WL 1866780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-peters-la-2007.