In re Porter

930 So. 2d 875, 2006 La. LEXIS 768, 2006 WL 584627
CourtSupreme Court of Louisiana
DecidedMarch 10, 2006
DocketNo. 2005-B-1736
StatusPublished
Cited by1 cases

This text of 930 So. 2d 875 (In re Porter) 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 Porter, 930 So. 2d 875, 2006 La. LEXIS 768, 2006 WL 584627 (La. 2006).

Opinion

| ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Joel G. Porter, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

Count I — The Winnfield Cemetery Matter

In February 1994, Mamie Burden Williams and five others retained respondent to represent them in a suit against the Winnfield Funeral Home Cemetery (“Winnfield”).1 Respondent agreed to pursue the matter on a contingent fee basis plus an additional charge of $250 per person for costs, which the parties paid.

In April 1994, respondent filed a lawsuit against Winnfield and its insurer on behalf of his six clients. In June 1995, respondent amended the petition to add twenty additional plaintiffs. Thereafter, respondent had no further contact with his clients.

In March 1996, Christopher Whitting-ton, an attorney with whom respondent shared an office in Baton Rouge, enrolled as co-counsel in the Winnfield case. At the same time, Mr. Whittington filed a motion for preliminary default, which was granted on March 20, 1996. Sometime thereafter, respondent and Mr. Whitting-ton severed |atheir professional relationship and respondent opened a law office at the Weller Avenue Baptist Church in Baton Rouge, where he was a minister. In June 1998, Mr. Whittington filed a motion to withdraw as co-counsel, which was granted.

In October 1998, attorney David Lefeve filed an answer to the plaintiffs’ petition on behalf of the defendants. In February 1999, Mr. Lefeve sent a discovery request to the plaintiffs via certified mail addressed to respondent’s post office box, which was properly delivered. Respondent did not produce the requested information. Mr. Lefeve then filed a motion to compel, but respondent did not appear at the hearing on the motion in October 1999. In November 1999, the trial court ordered respondent to respond to the discovery request. Respondent did not comply with the order. As such, in February 2000, Mr. Lefeve filed a motion to dismiss. Respondent did not appear at the hearing on the motion to dismiss, and a judgment dismissing the plaintiffs’ ease without prejudice was rendered in March 2000.

In October 2000, Ms. Williams learned of the dismissal of the suit and filed a complaint against respondent with the ODC.

Count II — The West Matter

In February 1997, respondent filed a defamation suit against Yolanda Hill on [877]*877behalf of his clients, Charles and Patricia West. An affidavit was attached to the petition, purportedly signed in respondent’s presence by Mr. and Mrs. West, attesting that the factual allegations contained in the petition were true. The affidavit was notarized by respondent. However, Mrs. West did not sign the verification in respondent’s presence. Instead, respondent witnessed Mr. West sign the verification with his wife’s signature. The improperly notarized verification was filed into the court record and served upon the defendant, Ms. Hill, who subsequently filed a complaint against respondent with the ODC.

| ¡.DISCIPLINARY PROCEEDINGS

The ODC filed two counts of formal charges alleging that respondent’s conduct violated the following 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), 3.3(a) (candor toward the tribunal), 4.1(a) (knowingly making a false statement of material fact or law to a third person), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice).

Respondent answered the formal charges, denying any misconduct on his part. In Count I, respondent contended that the motion to compel was improperly served because the service address was that of the church where he was a minister. He denied ever receiving this service. Respondent also asserted that he had no notice of Mr. Whittington’s motion to withdraw, which did not include a certificate of service. Furthermore, Mr. Whittington had possession of the file because he would not allow respondent to take the file when respondent vacated Mr. Whittington’s office in 1996. Respondent asserted that he attempted to contact Mr. Whittington regarding the case but was unsuccessful. As an affirmative defense, respondent claimed he reasonably relied upon Mr. Whittington to handle the case.

As to Count II, respondent admitted the notarial act was improper; however, he claimed the verification was not “legally material” to the suit and contained no material facts. Respondent also pointed out that Mr. West signed his wife’s signature with her permission. Respondent nevertheless acknowledged the profession could be harmed by such a practice and asserted that same would not occur in the future.

14Hearing Committee Recommendation

This matter proceeded to a formal hearing on the merits, at which respondent and others testified. Following the hearing, the hearing committee determined that respondent’s testimony in regard to Count I was not credible. Specifically, the committee stated, “[respondent’s testimony that he left everything in the hands of Mr. Whittington even after he removed himself from Mr. Whittington’s office building does not ring true.” Based on its evaluation of the testimony and documentary evidence, the committee made the following findings of fact regarding Count I:

1. In February 1994, Ms. Williams, Lionel Courtney, and others retained respondent to represent them in a civil suit for damages against Winnfield Funeral Home regarding the displacement of headstones on family burial sites.

2. Respondent agreed to represent them, and each person was instructed to bring a retainer of $250 to cover the costs, for a total of $1,350. Mr. Courtney paid $1,000 of this amount for himself and for others.

3. On April 23, 1994, respondent filed a petition for damages on behalf of the plaintiffs, and on June 5, 1995, he filed an [878]*878amending petition adding an additional twenty plaintiffs to the suit.

4. On March 15, 1996, attorney Christopher Whittington filed a motion to enroll as co-counsel.

5. On June 8, 1998, Christopher Whit-tington filed a motion to withdraw and did, in fact, withdraw from the case.

6. During this time, respondent did not communicate with the plaintiffs, did not provide them with a copy of their legal pleadings, and did not actively pursue their case in any way.

7. On October 29, 1998, David Lefeve answered on behalf of the defendant.

|58. On January 15, 1999, Mr. Lefeve attempted to correspond with respondent at Mr. Whittington’s law office in Baton Rouge, which letter was returned.

9. On February 17, 1999, interrogatories were forwarded to respondent by certified mail at his new law office at the Weller Avenue Baptist Church, which was received by respondent on February 26, 1999. Respondent failed to respond to the requests for information.

10. On March 25, 1999 and April 20, 1999, Mr. Lefeve wrote to respondent at the Weller Avenue Baptist Church address (both the post office box and the street address). Respondent still refused to respond to any inquiries from the defendant’s attorney.

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In Re Richmond
996 So. 2d 282 (Supreme Court of Louisiana, 2008)

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Bluebook (online)
930 So. 2d 875, 2006 La. LEXIS 768, 2006 WL 584627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-porter-la-2006.