In re Simpson

959 So. 2d 836, 2007 La. LEXIS 1512, 2007 WL 1866775
CourtSupreme Court of Louisiana
DecidedJune 29, 2007
DocketNo. 2007-B-0070
StatusPublished
Cited by4 cases

This text of 959 So. 2d 836 (In re Simpson) 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 Simpson, 959 So. 2d 836, 2007 La. LEXIS 1512, 2007 WL 1866775 (La. 2007).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

11This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Joseph H. Simpson, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

Respondent is the subject of two separate sets of formal charges, consisting of a total of three counts, which were consolidated for hearing before the hearing committee. All of the charges arise out of the same operative facts, and many of these facts have been stipulated to by respondent and the ODC.

By way of background, Mrs. Betty Kin-chen Bankston died in Tangipahoa Parish in May 2000. Mrs. Bankston was a widow with no children of her own, but she was survived by numerous nieces and nephews who were the children of her eight siblings, all of whom predeceased her. Mrs. Bankston’s estate consisted of approximately $200,000 in cash as well as several hundred acres of timbered real estate initially valued at between $1.6 million and $2.6 million.1

On July 3, 2000, Amite attorney Keith Rowe filed a petition to probate a statutory will which Mrs. Bankston had purportedly executed in November 1996. Succession of Betty Kinchen Bankston, No. 2000-030211 on the docket of the 21st Judicial District Court for the Parish of Tangipahoa. Mr. Rowe represented El-ston Sidney (E.S.) Bankston, who was one of Mrs. Bankston’s nephews and the sole residual legatee under the will. On the same day, the trial court ordered the will probated and appointed E.S. Bankston as executor of the succession.

During this time, some of the family members began to suspect that Mrs. Bankston’s signature on the probated will was a forgery or, alternatively, that she signed with the aid of others. There was also some question whether Mrs. Bank-ston was of sound mind when the testament was signed. On July 5, 2000, four heirs approached respondent to inquire about retaining his services to attack the probate of the will. After discussion, respondent informed the heirs that he would accept the representation only on a contingency fee basis and only if a handwriting expert could confirm that the will was a forgery. On the same day, respondent wrote to Robert Foley, a forensic document examiner, and asked him to review Mrs. Bankston’s will. On July 24, 2000, Mr. Foley sent respondent a written report in which he concluded that the signature on the will exhibited differences not observed in the other documents sent to him for comparison. Mr. Foley noted that these differences “may or may not be due to deterioration of health,” and he requested additional, more contemporaneous examples of Mrs. Bankston’s signature for review so that he could confirm his findings. On July 26, 2000, respondent tele[838]*838phoned Mr. Rowe and informed him that the will was a forgery. On July 28, 2000, respondent signed a one-third contingency fee agreement with twenty of Mrs. Bank-ston’s heirs.2

|aOn August 2, 2000, respondent filed a two-page document styled “Petition to Set Aside Will” on behalf of his twenty clients, alleging that Mrs. Bankston’s will was invalid. Five days later, on August 7, 2000, Mr. Rowe informed respondent that he was withdrawing the will from probate and that Mrs. Bankston’s estate would be distributed in accordance with the law of intestate successions, as respondent’s clients had sought. Respondent, in turn, notified the handwriting expert that no further work would be required on his part because “[t]he defendant in this matter has ‘caved.’ ”

In the weeks following the unexpected capitulation by Mr. Rowe’s client, respondent’s clients made contact with other family members who were asked to join in the “contest” of Mrs. Bankston’s will. Ultimately, fourteen more heirs signed respondent’s contingency fee contract after the will contest was resolved on August 7, 2000. Respondent did not inform these fourteen clients that the will contest had already been abandoned, nor did he advise them that they were otherwise entitled to receive their portion of the estate without paying any attorney’s fees.

In early September 2000, respondent received from Mr. Rowe a check in the amount of $123,145, representing the portion of the cash assets of the succession owed to respondent’s 34 clients. Respondent deposited Mr. Rowe’s check into his client trust account and immediately wrote himself a check for attorney’s fees in the amount of $41,044.12, despite having performed minimal work in the matter to that point.3 Respondent did not obtain court approval for the fee disbursement, nor did he provide an accounting to his clients when he distributed the remainder of the funds to them in accordance with their respective interests in the succession.

|4On September 12, 2000, respondent filed an “Amended Judgment of Possession” which specifically recognized his fee interest in the case. The amended Judgment of Possession awarded respondent’s law firm “an undivided one-third (1/3) interest of the percentage interest of [respondent’s 34 clients] ... in and to all property comprising the assets of the estate of decedent, Betty Kinchen Bankston, including but not limited to the real estate, improvements and timber thereon, ...” Upon learning of respondent’s actions, Jeannette Rose Kinchen Perry, one of Mrs. Bankston’s nieces, filed a pleading seeking to annul the amended Judgment of Possession and challenging the amount of the attorney’s fee sought by respondent as unreasonably excessive.4 In August 2001, [839]*839Ms. Perry filed a disciplinary complaint against respondent on the same grounds.The trial court subsequently granted summary judgment in favor of respondent dismissing the excessive fee claim. This judgment was reversed by the First Circuit Court of Appeal and the matter was remanded for trial on the issue of the reasonableness of the attorney’s fee sought by respondent. Succession of Bankston, 02-0548 (La.App. 1st Cir.2/14/03), 844 So.2d 61, unit denied, 03-0710 (La.5/9/03), 843 So.2d 400. Following remand, respondent and Ms. Perry reached a confidential settlement, and thus no trial was ever conducted.

On July 31, 2002, while the Bankston succession was still pending, respondent filed a petition for damages against Ms. Perry, alleging that various statements she made in the pleadings filed in the succession proceeding constituted defamation per se and false light invasion of privacy. Joseph H. Simpson v. Jeannette Rose Kinchen Perry, No. 2002-002580 on the docket of the 21st Judicial District Court for the Parish of Tangipahoa. On September 10, 2002, the trial court confirmed a $50,000 default | ¡judgment against Ms. Perry and in favor of respondent. Thereafter, Ms. Perry filed a motion for new trial, asserting that she had not been served with the petition for damages prior to the entry of the judgment against her. The trial court denied the motion, finding credible the testimony of a St. Tammany Parish sheriffs deputy who asserted that he had personally served the petition upon Ms. Perry at her home. On February 21, 2003, Ms. Perry filed a petition for nullity, on the ground that the same sheriffs deputy had been dismissed from the sheriffs office and arrested on multiple counts of malfeasance in office and injuring public records for “falsely claiming to have served at least two dozen court documents and trying to hide hundreds more in the woods,” Respondent opposed Ms. Perry’s petition, and the trial court refused to set aside the default judgment.

Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: William Magee
263 So. 3d 845 (Supreme Court of Louisiana, 2019)
In Re Darien D. Lester.
26 So. 3d 735 (Supreme Court of Louisiana, 2010)
In re Simpson
995 So. 2d 1212 (Supreme Court of Louisiana, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
959 So. 2d 836, 2007 La. LEXIS 1512, 2007 WL 1866775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-simpson-la-2007.