In re Salinas

202 So. 3d 163, 2016 La. LEXIS 2005
CourtSupreme Court of Louisiana
DecidedOctober 17, 2016
DocketNO. 2016-B-1381
StatusPublished

This text of 202 So. 3d 163 (In re Salinas) 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 Salinas, 202 So. 3d 163, 2016 La. LEXIS 2005 (La. 2016).

Opinion

[164]*164ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM

JjThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Murray Salinas, an attorney licensed to practice law in Louisiana, but currently ineligible to practice.1

FORMAL CHARGES

15-DB-003

The Ramer Matter

In May 2012, Joseph Ramer retained respondent to complete his divorce, which had been filed by a previous lawyer, for a $1,000 fixed fee. Respondent received an additional $500 from Mr. Ramer, but did not complete the representation. In February 2013, respondent was discharged and replaced by another attorney. Respondent promised to return the entire fee, but failed to do so.

The ODC alleged respondent’s misconduct 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) and 1.5(f)(5) (failure to refund an unearned fee).

| ¿The Rusin Matter

In September 2012, Ronald Rusin hired respondent to represent him in a divorce and child custody matter, paying respondent $2,000 and agreeing to pay an additional $2,000 if the custody matter required a formal hearing. After the parties reached a temporary interim support agreement, problems emerged concerning other details of the agreement. Respondent and complainant engaged in a shouting match outside the courtroom, resulting in respondent’s discharge. At his sworn statement, respondent conceded that he owed Mr. Rusin a refund of some portion of the fee, which he failed to provide.

The ODC alleged respondent’s misconduct violated Rule 1.5(f)(5) of the Rules of Professional Conduct.

The Byrd Matter

In April 2013, Bobby Byrd hired respondent to represent him on a pending motion for reconsideration of habitual offender sentence, for which Mr. Byrd’s mother, Martha Hayes, paid respondent’s $4,000 fixed fee. Respondent enrolled as counsel and the matter was reset for a July 2013 hearing. Before the hearing, Mr. Byrd retained attorney Gerald Weeks, who appeared and handled the motion for reconsideration. Respondent has not refunded any portion of the fee.

The ODC alleged respondent’s misconduct violated Rule 1.5(f)(5) of the Rules of Professional Conduct.

The Webb Matter

In December 2011, Frederick Webb retained respondent to represent him in a criminal matter. In March 2012, Mr. Webb pleaded guilty and was sentenced to twenty years at hard labor. Thereafter, respondent failed to return the client’s file upon [165]*165request. He also failed to respond to the associated disciplinary complaint.

|sThe ODC alleged respondent’s misconduct violated the following provisions of the Rules of Professional Conduct: Rules 1.16 (obligations upon termination of the representation) and '8.1(c) (failure to cooperate with the ODC in its investigation).

The Hunt Matter

In April 2014, Michael Hunt hired respondent to negotiate his entry into the “re-entry program” following his felony conviction. After Mrs. Hunt paid respondent $200, she heard nothing. from, him despite the multiple phone calls she placed to his office during the month of June. Mrs. Hunt later discovered that respondent’s telephone had been temporarily disconnected. Respondent failed to respond to the associated disciplinary complaint.

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

The Sino Matter

In January 2013, Kristin Ellis retained respondent to represent her in a personal injury claim for injuries she sustained following a motor vehicle accident. Dr. Diane Sino treated Ms. Ellis for her injuries. During settlement negotiations, respondent contacted Dr. Sino seeking a ten percent reduction in her $1,415 bill, to which Dr. Sino agreed. In January 2014, the case settled. Ms. Ellis advised Dr. Sino about the settlement, after which Dr. Sino’s. office made repeated efforts to secure payment for services, to no avail. Respondent also failed to pay $2,985.85 to Willis Knigh-ton Health Center for outstanding medicals and failed to respond to the associated disciplinary complaint.

The ODC alleged respondent’s misconduct violated Rule 1.15 (safekeeping property of clients or third persons) of the Rules of Professional Conduct.

L15-DB-028

The Heal Matter

In November 2013, Marjorie and Kenneth Heal hired respondent to represent their son in a criminal matter in which he was facing a drug charge and a charge of possession of a firearm by a convicted felon. Mr. and Mrs. Heal paid respondent $9,000 for the representation. The defendant entered a guilty plea to the drug charge and the gun charge was dropped. Respondent agreed to draft a power of attorney for Mrs. Heal to handle her son’s business affairs, but failed to do so. Respondent failed to respond to the associated disciplinary complaint.

The ODC alleged respondent’s misconduct violated Rule 8.1(c) of the Rules of Professional Conduct.

The Lems Matter

In October 2012, Troy Lewis hired respondent to file an application for post-conviction relief. After being paid $2,000 of a $5,000 fixed fee, respondent took no significant action on behalf of Mr! Lewis, who was ultimately compelled to file the application pro se in July 2014. Respondent failed to respond to the associated disciplinary complaint.

The ODC alleged respondent’s misconduct violated the following provisions of the Rules of Professional Conduct: Rules 1.15,8.1(c), and 8.4(c).

DISCIPLINARY PROCEEDINGS

In February 2015, the ODC filed the formal charges in 15-DB-003, and in July 2015, filed the formal charges in 15-DB-028. Respondent did not answer either set of formal charges. Accordingly, the factual allegations contained therein were deemed admitted and proven by clear and convine-[166]*166ing evidence pursuant to Supreme Court Rule XIX, § 11(E)(3). In February 2016, the matters were | .^consolidated by order of the hearing committee chair. No formal hearing was held, but the parties were given an opportunity to file with the hearing committee written arguments and documentary evidence on the issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.2

Hearing Committee Report

After considering the ODC’s deemed admitted submission, the hearing committee determined respondent knowingly and repeatedly violated the Rules of Professional Conduct as alleged in the formal charges.

The committee then adopted the aggravating factors referenced in the ODC’s submission: a prior disciplinary record,3 a dishonest or selfish motive, a pattern of misconduct, multiple offenses, bad faith obstruction of the disciplinary process by intentionally failing to comply with the rules or orders of the disciplinary agency, refusal to acknowledge the wrongful nature of conduct, vulnerability of the victim, substantial experience in the practice of law (admitted 2003), and indifference to making restitution. The committee did not mention any mitigating factors.

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Bluebook (online)
202 So. 3d 163, 2016 La. LEXIS 2005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-salinas-la-2016.