In re Schnyder

918 So. 2d 455, 2006 La. LEXIS 5, 2006 WL 91361
CourtSupreme Court of Louisiana
DecidedJanuary 13, 2006
DocketNo. 2005-B-1463
StatusPublished
Cited by4 cases

This text of 918 So. 2d 455 (In re Schnyder) 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 Schnyder, 918 So. 2d 455, 2006 La. LEXIS 5, 2006 WL 91361 (La. 2006).

Opinion

[456]*456ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

_jjThis disciplinary matter arises from two sets of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Clayton Paul Schny-der, an attorney licensed to practice law in Louisiana.

[457]*457FORMAL CHARGES

The first set of formal charges, consisting of one count and bearing the disciplinary board’s docket number 02-DB-129, was filed on December 11, 2002. The second set of formal charges, consisting of one count and bearing the- disciplinary board’s docket number 03-DB-064, was filed on September 25, 2003. The two sets were consolidated by order of the hearing committee chair dated October 14, 2003.

02-DB-129

The Ceasor Matter

In November 1999, Kewana Ceasor hired respondent to handle a personal injury matter on a contingency basis. Thereafter, respondent failed to diligently pursue the matter. More specifically, he failed to obtain a settlement or timely file suit on his Ghent’s behalf. Additionally, respondent failed to communicate with Ms. Ceasor about the status of the matter. Several times, respondent told Ms. Ceasor he |j»would call her back after reviewing the file, but he failed to do so. He also did not inform her that he failed to timely file suit.

In January 2002, Ms. Ceasor filed a disciplinary complaint against respondent because of her inability to obtain information from him. Despite receiving notice of the complaint, respondent did not reply to the ODC’s request for information, necessitating the ODC to issue a subpoena in order to obtain his sworn statement. During the sworn statement, respondent admitted that suit was not timely filed.

The ODC alleges respondent’s conduct in this matter violated Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 3.2 (failure to make reasonable efforts to expedite litigation), and 8.1(c) (failure to cooperate with the ODC in its investigation) of the Rules of Professional Conduct.

0S-DB-06U

The Magee Matter

In 1998, Veronica Magee hired respondent to assist her in pursuing an insurance claim following the collapse of her roof. After being retained, respondent failed to answer Ms. Magee’s telephone calls. Because she was unable to obtain information about her case, Ms. Magee eventually retained new counsel.

In addition to the insurance matter, respondent also represented Ms. Magee in two other legal matters. One of these matters involved a lawsuit arising out of an automobile accident, in which Ms. Magee was the defendant. On the day the case was set for trial, Ms. Magee’s sister was killed. Ms. Magee informed respondent she would not be able -to attend the trial. However, respondent failed to file for a 13continuance or appear at the trial on his client’s behalf, resulting in judgment being rendered against Ms. Magee.

In the other matter, respondent represented Ms. Magee in a civil suit filed against a restaurant based on a claim that her car was stolen from the restaurant’s valet parking. Respondent obtained a default judgment for $46,000. However, the defendants moved for and obtained a new trial. Following the grant of the new trial, defendants propounded discovery on Ms. Magee through respondent. When no discovery responses were filed, defendants filed a motion to compel together with a motion to dismiss. The court granted respondent additional time to respond to the discovery, but he failed to do so. As a result, the defendants filed a second motion to dismiss.

Prior to a ruling on the motion to dismiss, respondent and defendants entered [458]*458into a settlement in the amount of $3,000. Ms. Magee was not present for the settlement and contends she did not authorize respondent to enter into same. Although Ms. Magee refused to accept the settlement funds from respondent, defendants filed a motion to enforce the settlement, which the trial court granted.

The ODC alleges respondent’s conduct in this matter violated Rules 1.2(a) (scope of the representation), 1.3, and 1.4 of the Rules of Professional Conduct.

DISCIPLINARY PROCEEDINGS

Respondent failed to answer or otherwise reply to both sets of formal charges. Accordingly, the factual allegations contained therein were deemed admitted and proven by clear and convincing evidence pursuant to Supreme Court Rule XIX, § 11(E)(3). 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 Rissue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

Hearing Committee Recommendation

After considering the ODC’s submissions in response to the deemed admitted order, the hearing committee found the documentary evidence presented by the ODC to be clear and convincing. The committee also determined the factual allegations in the formal charges to be essentially true and correct findings of fact. Based on these findings, the committee determined that respondent violated the Rules of Professional Conduct as alleged in the formal charges.1

The committee determined that in the Caesor and Magee matters, respondent failed to use reasonable diligence in pursuing the legal matters entrusted to him and failed to expedite the litigation. In the Magee matter, it found he failed to expedite litigation consistent with the interests of his client. Finally, it concluded respondent failed to cooperate with the ODC in its investigation.

The committee determined that respondent violated duties owed to his clients and as a professional. He acted negligently and knowingly, causing significant harm to both clients, which could have been avoided. As aggravating factors, it found prior disciplinary offenses2 and bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency. The committee found no mitigating factors.

| ..¡Considering these findings, the committee recommended that respondent be suspended from the practice of law for one year and six months. The committee further recommended that respondent be assessed with all costs of these proceedings.

Neither respondent nor the ODC filed an objection to the hearing committee’s recommendation.

Disciplinary Board Recommendation

After reviewing this matter, the disciplinary board found that the factual allegations alleged in the formal charges were proven by clear and convincing evidence. Based upon these proven facts, the board determined that the hearing committee correctly concluded respondent violated the Rules of Professional Conduct as charged.

[459]*459Based on a review of the record, the board found that respondent negligently and knowingly violated duties owed to his clients and as a professional. His conduct caused significant harm to his clients and actual harm to the profession. The board adopted the aggravating factors found by the committee and also found the mitigating factor of inexperience in the practice of law, as respondent had been admitted less than five years during the period when most of the misconduct occurred. Relying on the ABA’s

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Related

In Re Schnyder
70 So. 3d 777 (Supreme Court of Louisiana, 2011)
In re Sims
994 So. 2d 1280 (Supreme Court of Louisiana, 2008)
In Re Wheeler
983 So. 2d 1250 (Supreme Court of Louisiana, 2008)
In re Armato
958 So. 2d 650 (Supreme Court of Louisiana, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
918 So. 2d 455, 2006 La. LEXIS 5, 2006 WL 91361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-schnyder-la-2006.