In re Quaid

865 So. 2d 28, 2003 La. LEXIS 3134, 2003 WL 22461836
CourtSupreme Court of Louisiana
DecidedOctober 31, 2003
DocketNo. 2003-B-1876
StatusPublished
Cited by1 cases

This text of 865 So. 2d 28 (In re Quaid) 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 Quaid, 865 So. 2d 28, 2003 La. LEXIS 3134, 2003 WL 22461836 (La. 2003).

Opinion

[29]*29ATTORNEY DISCIPLINARY PROCEEDINGS

hPER CURIAM.

This disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, James F. Quaid, Jr., a disbarred attorney.

PRIOR DISCIPLINARY HISTORY

Respondent was admitted to the practice of law in Louisiana in 1960. After receiving two formal private reprimands in June 1970, respondent was disbarred effective September 30, 1976, following his conviction of a felony burglary charge in the State of Georgia. Louisiana State Bar Ass’n v. Quaid, 368 So.2d 1043 (La.1979). Respondent was readmitted to the practice of law on May 23, 1983. In re: Quaid, 433 So.2d 179 (La.1983) (on reconsideration). In 1987, respondent received another formal private reprimand.

In In re: Quaid, 94-1316 (La.11/30/94), 646 So.2d 343, respondent was disbarred for charging an excessive fee in a Social Security case and attempting to conceal this misconduct. Our judgment in that matter became final on February 16, 1995, upon the denial of respondent’s application for rehearing. Notwithstanding his disbarment, however, respondent continued to practice law. On September 3, 1999, this court extended by five years the minimum period for respondent to seek 12readmission to the practice of law. In re: Quaid, 98-2089 (La.9/3/99), 740 So.2d 104.

UNDERLYING FACTS

In 1999, Eddie Taylor, a manager of E & R Trust, consulted respondent concerning litigation pending against the trust in Jefferson Parish. Respondent was disbarred from the practice of law at this time, but he offered to handle the case as an “agent” for John H. “Jack” Norman, a Louisiana-licensed attorney who practices in Metairie. Respondent explained to Mr. Taylor that Mr. Norman would appeal the jury verdict that had previously been rendered against Mr. Taylor and the trust, and would oppose a motion filed by an adverse party seeking to have certain costs taxed against the trust. Mr. Taylor agreed to this arrangement, and on March 19, 1999 and April 6, 1999, Mr. Taylor paid respondent a retainer fee totaling $4,000.1 Mr. Taylor believed that this sum represented Mr. Norman’s legal fee for handling the matter.

On July 13, 1999, respondent wrote a letter to Mr. Taylor, assuring him that “the necessary paper work is being prepared to make Jack Norman counsel of record” in the matter. Sometime in August or September 1999, Mr. Norman formally enrolled as counsel of record on behalf of Mr. Taylor and E & R Trust. Respondent prepared various legal pleadings in the case which were signed by Mr. Norman. However, Mr. Norman failed to appear at the hearing on the motion to tax costs and failed to timely file a brief in the court of appeal. When Mr. Taylor learned of this, he wrote to Mr. Norman request[30]*30ing a refund of the $4,000 retainer fee he paid to respondent. By letter dated November 8, 1999, respondent informed Mr. Taylor that his letter “should have been directed to me since you hired me, not Jack Norman.” Nevertheless, respondent 13did not refund the retainer fee to Mr. Taylor, who had to retain other counsel to complete the legal matter.

In July 2000, Mr. Taylor filed a complaint with the ODC. Respondent’s reply to the complaint was untimely and inadequate, necessitating the issuance of a subpoena compelling him to appear and answer the complaint under oath.

DISCIPLINARY PROCEEDINGS

Formal Charges

On August 23, 2001, the ODC filed two counts of formal charges against respondent, alleging that his conduct violated the following provisions of the Louisiana Rules of Professional Conduct: Rules 1.5 (fee arrangements), 5.5 (engaging in the unauthorized practice of law), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), 8.4(d) (engaging in conduct prejudicial to the administration of justice), and 8.4(g) (failure to cooperate with the ODC in its investigation). Respondent answered the formal charges and denied any misconduct.

Hearing Committee Recommendation

This matter proceeded to a formal hearing on the merits. Considering the evidence presented, the hearing committee found as a matter of fact that respondent accepted a $4,000 fee from Eddie Taylor for the preparation and filing of an opposition to a Motion to Tax Costs and for handling an appeal on behalf of Mr. Taylor and E & R Trust. Respondent prepared these legal pleadings and enlisted Jack Norman, a practicing attorney, to sign the pleadings. Respondent was not working as |4a paralegal in Mr. Norman’s office, nor was he supervised by any other licensed attorney when he prepared the pleadings. The committee found that by this conduct, respondent intentionally engaged or attempted to engage in the unauthorized practice of law after he was disbarred.

The committee further found that respondent accepted a fee to perform legal services which he failed to perform. Mr. Taylor’s case was not properly handled, and he was forced to hire another attorney to handle the same matter he believed he had paid to have Mr. Norman handle.

Finally, the committee found that respondent engaged in dishonest and deceitful conduct that was prejudicial to the administration of justice. According to the committee, respondent misrepresented himself to Mr. Taylor and Mr. Norman. He led Mr. Norman to believe that he was retired and not disbarred. He never advised Mr. Norman of his status with the Louisiana State Bar Association and he never advised Mr. Taylor or Mr. Norman of the exact contractual relationship that existed between them, if any. Mr. Taylor thought the $4,000 retainer fee given to respondent was for Mr. Norman; however, Mr. Norman testified that he never received a penny of the $4,000, and that he simply read and signed the pleadings as a favor to respondent.2

As to the failure to cooperate charge, the committee found that on June 4, 2001, the ODC forwarded respondent a copy of [31]*31Mr. Taylor’s complaint and requested a substantive response within fifteen days pursuant to Supreme Court Rule XIX, § 4(B)(2). According to the committee, respondent failed to timely and adequately respond to the complaint. There is no record of a telephone call or letter requesting an extension of time to respond. Respondent finally decided to respond on June 25, 2001, but by this time, the ODC had already requested that a subpoena be served on | ¿respondent. Accordingly, the committee determined that respondent was guilty of failing to cooperate with the ODC.

The committee determined respondent’s conduct violated duties owed to his client, the court, the public, and the profession, and was knowing and intentional. Respondent knew he was disbarred and intentionally conducted himself in violation of the Rules of Professional Conduct. His conduct has caused injury and potential injury to others. Furthermore, the image of the legal profession is tarnished every time a disbarred lawyer attempts to engage or engages in the unauthorized practice of law.

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Cite This Page — Counsel Stack

Bluebook (online)
865 So. 2d 28, 2003 La. LEXIS 3134, 2003 WL 22461836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-quaid-la-2003.