In re Phillips

156 So. 3d 1131, 2014 WL 2680374, 2014 La. LEXIS 1384
CourtSupreme Court of Louisiana
DecidedJune 13, 2014
DocketNo. 2014-B-0714
StatusPublished

This text of 156 So. 3d 1131 (In re Phillips) 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 Phillips, 156 So. 3d 1131, 2014 WL 2680374, 2014 La. LEXIS 1384 (La. 2014).

Opinion

[1132]*1132ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

LThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Charles Tanner Phillips, II, an attorney licensed to practice law in Louisiana but currently on interim suspension for threat of harm to the public. In re: Phillips, 11-1811 (La.8/19/11), 69 So.3d 413.

FORMAL CHARGES

Count I — The Labree Williams Matter

In July 2010, Labree Williams paid respondent $2,250 to handle a child custody matter in which he was seeking modification of a custody decree that had previously been rendered in California. In August 2010, respondent attempted to file a petition to have the matter set for hearing, but the pleading was returned to him by the court unfiled because he had not included a copy of the prior California custody decree. Respondent did not re-file the petition, and consequently, the case was never fixed for hearing. Thereafter, Mr. Williams discharged respondent and requested a refund of the attorney’s fee he paid. When respondent failed to refund the fee, Mr. Williams filed a disciplinary complaint against him with the ODC.

In December 2010, respondent gave a sworn statement to the ODC, during which he acknowledged that Mr. Williams was “absolutely” due a refund of attorney’s fees. Nevertheless, respondent testified that he had not made the refund | ^because the fee had not been paid to him personally, but rather to the law firm with which he was previously associated. Mr. Williams disputed this, claiming he had paid the fee to respondent before he joined the law firm. Bank records obtained by the ODC reflect that Mr. Williams’ fee was not deposited to the law firm’s account. Nevertheless, respondent still has not made a refund to Mr. Williams.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.5(f)(5) (failure to refund an unearned fee), 8.1(c) (failure to cooperate with the ODC in its investigation), and 8.4(c) (engaging in con[1133]*1133duct involving dishonesty, fraud, deceit, or misrepresentation).

Count II — The Morlock Matter

In September 2010, Gertrude Morlock paid respondent $2,500 to represent her in a divorce and community property partition proceeding. When Ms. Morlock was not able to reach respondent by telephone, she visited his law firm and was told that he did not work there anymore. Court records confirm that no appreciable work was performed by respondent on behalf of Ms. Morlock during his representation. Moreover, respondent has not made a refund to Ms. Morlock of the fee she paid.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.3, 1.4, and 1.5(f)(5).

Count III — The Britton Matter

In June 2010, Rona Britton paid respondent $1,250 to handle a community property partition. When Ms. Britton was not able to reach respondent by telephone by November 2010, she discharged him and requested a refund of the [^¡attorney's fee she paid. Respondent failed to refund the fee, informing Ms. Britton that he was “strapped for cash right now.” Court records confirm that respondent filed no pleadings on behalf of Ms. Britton during his representation.

In December 2010, Ms. Britton filed a complaint against respondent with the ODC. Respondent failed to respond to the complaint.

The ODC alleged respondent violated the following provisions of the Rulek of Professional Conduct: Rules 1.3, 1.5(f)(5), and 8.1(c).

Count TV — The Hinton Matter

In August 2010, Tiankhy Hinton paid respondent $3,250 to handle a child support and custody matter. Respondent never filed any pleadings on behalf of Mr. Hinton. Upon learning this fact, Mr. Hinton discharged respondent and requested a refund of the attorney’s fee he paid. In response, respondent claimed that he could not refund the fee because it was paid to the law firm with which he was previously associated. The law firm advised Mr. Hinton that respondent was responsible for refunding any unearned fees. Mr. Hinton subsequently filed a lawsuit against respondent in Bossier City Court, seeking a refund of the attorney’s fee. The case is pending, and no sums have been refunded to Mr. Hinton.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.3, 1.4, 1.5(f)(5), and 1.16 (declining or terminating representation).

Count V — The Bowden Matter

In July 2009, Carreen Bowden paid respondent $3,300 to handle a child visitation matter. At the first court hearing in December 2009, respondent appeared in court without Ms. Bowden’s file and was unprepared for the hearing. Thereafter, the case was continued repeatedly throughout 2010. A hearing was 14finally set in February 2011, but respondent did not appear on that date. Thereafter, Ms. Bowden discharged respondent and requested that her file and fees be returned. Respondent did not comply with this request.

In March 2011, Ms. Bowden filed a complaint against respondent with the ODC. Respondent failed to respond to the complaint.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.3, 1.4, 1.5(f)(5), 1.16, and 8.1(c).

Count VI — The Youngblood Matter

In March 2009, Sherry Youngblood retained respondent to handle a community property partition. Ms. Youngblood paid respondent’s quoted fee of $2,300 in install[1134]*1134ments over the next several months. After respondent failed to appear at a scheduled January 2011 hearing in the matter, Ms. Youngblood sent a letter to respondent discharging him and requesting a refund of the attorney’s fee she paid. Respondent did not comply with this request.

In April 2011, Ms. Youngblood filed a complaint against respondent with the ODC. Respondent failed to respond to the complaint.

The ODC alleged respondent violated the following provisions of the Rules of Professional Conduct: Rules 1.3, 1.4, 1.5(f)(5), and 8.1(c).

Count VII — The Baldwin Matter

In August 2008, Sharon Baldwin paid respondent $1,200 to complete a community property partition and obtain a qualified domestic relations order (QDRO). In April 2009, respondent filed a QDRO with the court, but the filing was rejected because certain indispensible parties had not been served. Respondent then told Ms. Baldwin that he amended the filing in April 2010, and that a rule to show cause was fixed for July 1, 2010. In November 2010, | ^respondent told Ms. Baldwin that although he had prepared the pleadings oh her behalf, they had not actually been filed. Respondent attributed this omission to his assistant’s oversight, and stated to Ms. Baldwin that he had “self-reported” his misconduct to the ODC. Respondent advised Ms. Baldwin that he had corrected the “deficiencies” and that he “was obtaining a final document” for her. Ultimately, respondent did nothing. Thereafter, Ms. Baldwin discharged respondent and requested that her file and fees be returned. Respondent did not comply with this request.

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Related

In RE McHUGH
22 So. 3d 159 (Supreme Court of Louisiana, 2009)
In Re Banks
18 So. 3d 57 (Supreme Court of Louisiana, 2009)
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)
In re Phillips
69 So. 3d 413 (Supreme Court of Louisiana, 2011)
In re Donnan
838 So. 2d 715 (Supreme Court of Louisiana, 2003)
In re Williams
947 So. 2d 710 (Supreme Court of Louisiana, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
156 So. 3d 1131, 2014 WL 2680374, 2014 La. LEXIS 1384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-phillips-la-2014.