In re Steinhardt

883 So. 2d 404, 2004 La. LEXIS 2560, 2004 WL 2008228
CourtSupreme Court of Louisiana
DecidedSeptember 9, 2004
DocketNo. 2004-B-0011
StatusPublished
Cited by11 cases

This text of 883 So. 2d 404 (In re Steinhardt) 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 Steinhardt, 883 So. 2d 404, 2004 La. LEXIS 2560, 2004 WL 2008228 (La. 2004).

Opinions

ATTORNEY DISCIPLINARY PROCEEDINGS

LPER CURIAM.

This disciplinary matter arises from five counts of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Ann B. Steinhardt, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

Counts I & II — The Byer Matter

In 1998, Marcus Byer was arrested and charged with possession of a controlled dangerous substance. At his arraignment, Mr. Byer pleaded not guilty and advised the court that he would retain private counsel.

Shortly thereafter, Mr. Byer retained respondent to represent him. Respondent requested a $2,000 fee, of which Mr. Byer paid $1,300. After being retained, respondent made several appearances on behalf of her client. However, on July 15, 1999, respondent failed to appear in court on behalf of her client. The court rescheduled the hearing for five days later, but again respondent failed to appear. The following day, July 21, Mr. Byer retained new counsel to assume his representation.

Subsequently, Mr. Byer filed a complaint against respondent with the ODC. He alleged respondent failed to appear in court on his behalf, as well as neglected to respond to his requests for information about the status of his case. Moreover, he claimed respondent failed to return the unearned fee, despite his many requests.

| ¡^Respondent submitted an untimely response to the complaint that failed to adequately address the allegations of professional misconduct. As a result, the ODC issued a subpoena compelling respondent [406]*406to appear and answer the complaint under oath. During her sworn statement, respondent testified that she had slipped and fallen on her way to court in Mr. Byer’s case, and was rendered unconscious. She stated she never regained her memory of the events of that day and the three subsequent days. Respondent further testified she was unaware Mr. Byer asked for a refund of his fee. Respondent admitted that she never returned any portion of the $1,300 fee Mr. Byer paid, because she believed she earned the fee during the eight months she represented him.

Counts III & IV — The Toney Matter

In 1996, Jerry Toney was arrested and charged with possession of crack cocaine with the intent to distribute. He was initially represented by an indigent defender. In August 1997, Mr. Toney retained respondent to represent him in the criminal proceedings, paying her $700 of her requested $900 fee. The indigent defender also remained as counsel of record for Mr. Toney.

In October 1997, the court conducted a hearing to address motions, including a motion to suppress filed by Mr. Toney and his co-defendant. Respondent did not appear at the hearing, and Mr. Toney was represented solely by the indigent defender. Subsequently, trial was rescheduled several times. According to court minute entries, either respondent or the indigent defender appeared at various times on Mr. Toney’s behalf. Additionally, on occasion, the attorney for Mr. Toney’s co-defendant would represent both the co-defendant and Mr. Toney when neither respondent nor the |sindigent defender appeared on Mr. Toney’s behalf.1 Ultimately, in early December 1998, the case proceeded to a two-day jury trial, at which time respondent represented Mr. Toney.

In April 2000, Mr. Toney filed a disciplinary complaint against respondent, alleging that she accepted a fee to handle his criminal matter while she was ineligible to practice law.2 He subsequently alleged that respondent failed to communicate with him and failed to appear for a hearing on the motion to suppress.

The ODC issued a subpoena compelling respondent to appear and answer Mr. To-ney’s complaint under oath. During her sworn statement, respondent testified that she performed adequate work on Mr. To-ney’s behalf, including making court appearances, interviewing witnesses, and preparing for trial. Respondent maintained she earned the $700 fee Mr. Toney paid based solely on her involvement in the two-day jury trial.

Count V — Respondent’s Criminal Conviction

In February 2000, while driving a vehicle owned by her passenger, Patrick Coates, respondent was stopped by state troopers in Chambers County, Texas. A consensual search of the vehicle uncovered over eight pounds of marijuana in the trunk, marijuana cigarette papers, and a marijuana cigarette in respondent’s purse. In an indictment filed on May 26, 2000, respondent and Mr. Coates were charged with the felony crime of “Unlawful Possession of Marihuana in an Amount of Fifty Pounds or Less, But More than Five Pounds.”

|4On July 23, 2001, respondent pleaded guilty to the lesser misdemeanor offense of “Unlawful Possession of Marihuana in an Amount of Four Ounces or Less But More [407]*407than Two Ounces.” In connection with her guilty plea, respondent executed an affidavit stating that she was aware the marijuana was in the vehicle at the time of the search. Based on respondent’s lack of a prior criminal record, she was sentenced to two years probation and fined $3,000.

Respondent failed to self-report her conviction to the ODC following her guilty plea. However, she sought extensive ongoing substance abuse treatment, and in April 2002, respondent executed a recovery agreement with the Lawyers Assistance Program (“LAP”).

DISCIPLINARY PROCEEDINGS

Formal Charges

In January 2001, six months after respondent’s criminal indictment was filed, but prior to her guilty plea, the ODC filed five counts of formal charges against respondent, alleging violations of Rules 1.3 (failure to act with reasonable diligence and promptness in the representation of a client), 1.4 (failure to communicate with a client), 1.5 (failure to refund unearned fees), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.3(a) (failure to report professional misconduct), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act adversely reflecting on a lawyer’s honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, 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) of the Rules of Professional Conduct. | sFollowing her criminal sentencing, respondent filed a response to the formal charges admitting that she had been convicted of a drug offense.3

The matter proceeded to a formal hearing. The committee heard testimony from Mr. Byer, Mr. Toney, and respondent.

Recommendation of the Hearing Committee

The hearing committee found insufficient evidence to support the allegations that respondent neglected, failed to communicate and failed to return fees in the Byer and Toney matters, which were the subject of Counts I and III, respectively.

As to the Byer matter, the committee determined Mr. , Byer’s testimony was “evasive and argumentative, giving rise to a question of his reliability as a witness.” It noted that the record of the criminal proceedings indicated respondent appeared on several occasions. While it recognized that on occasions other attorneys appeared on Mr. Byer’s behalf, the committee observed this situation was not uncommon in the practice of criminal law.

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Bluebook (online)
883 So. 2d 404, 2004 La. LEXIS 2560, 2004 WL 2008228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-steinhardt-la-2004.