In re Shaw

141 So. 3d 795, 2014 WL 2808622, 2014 La. LEXIS 1507
CourtSupreme Court of Louisiana
DecidedJune 20, 2014
DocketNo. 2014-B-0751
StatusPublished

This text of 141 So. 3d 795 (In re Shaw) 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 Shaw, 141 So. 3d 795, 2014 WL 2808622, 2014 La. LEXIS 1507 (La. 2014).

Opinion

[796]*796ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

| Nhis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Chanci Shermaine Shaw, an attorney licensed to practice law in Louisiana but currently on interim suspension for threat of harm to the public. In re: Shaw, 11-1967 (La.1/11/12), 82 So.3d 261.

UNDERLYING FACTS AND PROCEDURAL HISTORY

In January 2012, the ODC filed formal charges against respondent in 12-DB-001. Respondent answered the formal charges and denied any allegations of misconduct. At respondent’s request, the matter proceeded to a hearing in mitigation, conducted by the hearing committee in May 2012.

In June 2013, the ODC filed a second set of formal charges against respondent in 13-DB-026. Respondent failed to answer the 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 issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

|2Thereafter, the two sets of formal charges were consolidated by order of the disciplinary board. The board subsequently filed in this court a single recommendation of discipline encompassing both sets of formal charges.

12-DB-001

In April 2004, Christine Fontenot hired respondent to represent her in a personal injury claim. Thereafter, respondent failed to keep Ms. Fontenot informed of the progress of the representation. Respondent also filed suit on behalf of Ms. Fontenot after prescription had run, entered into a settlement without advising Ms. Fontenot that she had done so, and failed to pay Ms. Fontenot any of the settlement proceeds or provide her with an accounting of the settlement.

In her written response to the disciplinary complaint, respondent alleged the matter settled for $10,000 with Ms. Fontenot’s approval and consent. However, counsel for the defendant advised the matter settled instead for $12,500. Respondent has not accounted to the ODC for the settlement proceeds, despite being asked to do so. Respondent has not cooperated with the ODC in the investigation or responded to the ODC’s request for additional information.

The ODC alleged respondent’s conduct violated the following provisions of the Rules of Professional Conduct: Rules 1.2 (scope of the representation), 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4(a) (failure to communicate with a client), 1.4(b) (a lawyer shall give a client sufficient information to participate intelligently in decisions concerning the objectives of the representation), 1.15(a) (safekeeping property of clients and third persons), 1.15(d) (a lawyer shall promptly deliver to a client or third person any funds or other property that the client or third person is entitled to receive), 1.15(e) (when in the course of representation a lawyer is in possession of property in which two or more persons claim interests, the property shall be kept separate until |sthe dispute is resolved), 1.16(d) (obligations upon termination of the representation), 8.1(b) (knowing failure to respond to a lawful demand for informa[797]*797tion from a disciplinary authority), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

Mitigation Hearing

As previously indicated, respondent answered the formal charges in 12-DB-001. She denied any misconduct, but requested a hearing in mitigation, which was conducted by the hearing committee in May 2012. Respondent did not appear at the hearing and was not represented by counsel. The ODC introduced documentary evidence and called witnesses to testify before the committee.

Hearing Committee Report

After considering the testimony and evidence presented at the hearing, the hearing committee determined the factual allegations of the formal charges were proven by clear and convincing evidence. The committee also determined respondent violated the Rules of Professional Conduct as alleged in the formal charges.

The committee further determined the applicable baseline sanction in this matter is suspension. In aggravation, the committee recognized respondent’s pattern of failing to cooperate with the ODC throughout these proceedings. It found no mitigating factors present.

Considering respondent’s misconduct in light of the prior jurisprudence of this court, the committee recommended respondent be suspended from the practice of law for one year and one day. The committee also recommended that | ¿respondent attend the Louisiana State Bar Association’s Ethics School prior to seeking reinstatement. The committee further recommended respondent make restitution to Ms. Fontenot in the amount of $5,722, the amount of Ms. Fontenot’s unpaid medical bills, plus legal interest.

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

13-DB-026

On November 17, 2011, a grand jury in East Baton Rouge Parish returned an indictment charging respondent with two counts of felony theft by fraud and two counts of filing false public records. State v. Shaw, No. 11-11-0604 on the docket of the 19th Judicial District Court for the Parish of East Baton Rouge. On May 2, 2013, respondent pleaded guilty to Count I of the indictment, which charged her with theft by fraud of fifteen hundred dollars or more, a felony, in violation of La. R.S. 14:67(A)(B)(1).1 Count I of the indictment reads as follows:

On or about December 1, 2007, through and/or including on or about November 17, 2011, the defendant herein committed the Theft of Fraud of fifteen hundred ($1,500) dollars or more, in that the defendant knowingly submitted false information for the purpose of obtaining greater compensation than that to which Helping Hands and the defendant were [798]*798legally entitled for furnishing services when the defendant falsified a Medicaid “provider agreement” application to conceal the true ownership of Helping Hands of South Louisiana, Inc., criminal convictions of one of the owners, disciplinary [ ^action, and previous enrollment information, to obtain a Medicaid provider number. The defendant certified that to the best of her knowledge, information contained in the provider agreement is accurate and complete and agreed that concealment of a material fact may result in prosecution under applicable federal and state laws. The defendant, with intent to deprive the State of Louisiana permanently of these monies, used the illegally obtained Medicaid provider number to fraudulently bill the Medicaid Program and received compensation through fraudulent means, in violation of La. R.S. 14:67(A)(B)(1).

The remaining counts of the indictment were dismissed pursuant to a plea agreement with the state. Respondent was sentenced to serve five years at hard labor, suspended, and placed on five years active supervised probation.

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Related

Louisiana State Bar Ass'n v. Wilkinson
562 So. 2d 902 (Supreme Court of Louisiana, 1990)
Louisiana State Bar Ass'n v. Perez
550 So. 2d 188 (Supreme Court of Louisiana, 1989)
In re Shaw
82 So. 3d 261 (Supreme Court of Louisiana, 2012)
In re Boudreau
815 So. 2d 76 (Supreme Court of Louisiana, 2002)
In re Stephens
955 So. 2d 140 (Supreme Court of Louisiana, 2007)
In re Sheffield
958 So. 2d 661 (Supreme Court of Louisiana, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
141 So. 3d 795, 2014 WL 2808622, 2014 La. LEXIS 1507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shaw-la-2014.