In re Taylor

139 So. 3d 1004, 2014 WL 2179354, 2014 La. LEXIS 1231
CourtSupreme Court of Louisiana
DecidedMay 23, 2014
DocketNo. 2014-B-0646
StatusPublished
Cited by2 cases

This text of 139 So. 3d 1004 (In re Taylor) 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 Taylor, 139 So. 3d 1004, 2014 WL 2179354, 2014 La. LEXIS 1231 (La. 2014).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

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

[1005]*1005FORMAL CHARGES

In April 2010, Karen Hyorth consulted with respondent about filing an application for post-conviction relief on behalf of Phillip Schane. During the meeting, Ms. Hyorth paid respondent’s $2,500 fee in full and provided him with Mr. Schane’s legal documents to review and prepare the application. Thereafter, Ms. Hyorth made numerous attempts to contact respondent but was unsuccessful in reaching him. Several months later, respondent finally returned a call to Ms. Hyorth. Mr. Schane then learned respondent had taken no action with regard to the application for post-conviction relief.

In August 2010, Mr. Schane sent a letter to respondent in an effort to provide him with information regarding his case. Respondent failed to respond. In January 2011, Mr. Schane sent a second letter to respondent requesting that his file be returned to his sister, but again, there was no response. In May 2011, Mr. | ¡¡Schane sent a third letter to respondent requesting the return of his legal documents and the $2,500 fee. Once again, respondent failed to respond.

In October 2011, Mr. Schane filed a complaint against respondent with the ODC. After receiving notice of the complaint, respondent delivered to the ODC what purported to be complainant’s file; however, the file consisted solely of documents compiled by Mr. Schane, with no indication that respondent had ever taken any action in the matter. In January 2012, the ODC instructed respondent to provide proof of any steps he had taken on Mr. Sehane’s behalf and evidence of communication or attempts to communicate with Mr. Schane. Respondent did not respond to the ODC’s request.

DISCIPLINARY PROCEEDINGS

In December 2012, the ODC filed formal charges against respondent, alleging that his conduct as set forth above violated the following provisions of the Rules of Professional Conduct: Rules 1.1(a) (failure to provide competent representation to a client), 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4(a)(3) (failure to keep a client reasonably informed about the status of a matter), 1.4(a)(4) (failure to promptly comply with reasonable requests for information), 1.5(a) (charging an unreasonable fee), 1.15 (safekeeping property of clients or third persons), 1.16(d) (obligations upon termination of the representation), 3.2 (failure to make reasonable efforts to expedite litigation), 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).

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 | shearing 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.

Hearing Committee Report

After considering the ODC’s deemed admitted submission, the hearing committee made factual findings consistent with the factual allegations set forth above. Based on these findings, the committee determined that respondent violated the Rules of Professional Conduct as alleged in the formal charges.

The committee further determined that respondent violated a duty owed to his client, the public, the legal system, and the legal profession. Respondent acted negli[1006]*1006gently, at best. In light of the lack of cooperation exhibited, he acted intentionally and knowingly, as well. The committee found it incredible that in spite of facing a disciplinary complaint, respondent has refused to explain his conduct.

The committee did not recognize any aggravating factors. In mitigation, the committee found the absence of a prior disciplinary record.

Considering the foregoing, the committee recommended that respondent be suspended from the practice of law for one year, with all but sixty days deferred. The committee also recommended that respondent be ordered to refund the $2,500 fee to Mr. Schane.

The ODC objected to the recommended sanction as too lenient.

Disciplinary Board Recommendation

After reviewing the record, the disciplinary board determined that the hearing committee’s factual findings are supported by the factual allegations in the formal charges, which were deemed admitted, and/or by the evidence submitted in | ^support of the allegations. The board also determined that respondent violated the Rules of Professional Conduct as alleged in the formal charges.

The board further determined that respondent knowingly, if not intentionally, violated a duty owed to his client. His conduct caused substantial harm to Mr. Schane, who paid respondent $2,500 to complete a specific legal matter, which was not completed. Respondent also refused to communicate with Mr. Schane, failed to do any work on his behalf, and refused to return any portion of the unearned fee. Mr. Schane is incarcerated and is unable to hire another attorney until he and Ms. Hyorth receive a refund from respondent. After considering the ABA’s Standards for Imposing Lawyer Sanctions, the board determined that suspension is the baseline sanction.

In aggravation, the board found the following factors: a dishonest or selfish motive, refusal to acknowledge the wrongful nature of the conduct, vulnerability of the victim, substantial experience in the practice of law (admitted 1983), and indifference to making restitution. The board found no mitigating factors are present.

Considering the facts of this case, as well as the jurisprudence of the court, the board recommended that respondent be suspended from the practice of law for one year and one day. The board also recommended that respondent be ordered to refund the $2,500 fee to Mr. Schane. Finally, the board recommended that respondent be assessed with the costs and expenses of this proceeding.

Neither respondent nor the ODC filed an objection to the disciplinary board’s recommendation.

DISCUSSION

Bar disciplinary matters fall within the original jurisdiction of this court. La. Const, art. V, § 5(B). Consequently, we act as triers of fact and conduct an | .^independent review of the record to determine whether the alleged misconduct has been proven by clear and convincing evidence. In re: Banks, 09-1212 (La.10/2/09), 18 So.3d 57. ■

In cases in which the lawyer does not answer the formal charges, the factual allegations of those charges are deemed admitted. Supreme Court Rule XIX, § 11(E)(3). Thus, the ODC bears no additional burden to prove the factual allegations contained in the formal charges after those charges have been deemed admitted. However, the language of § 11(E)(3) does not encompass legal conclusions that flow from the factual allegations.

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Bluebook (online)
139 So. 3d 1004, 2014 WL 2179354, 2014 La. LEXIS 1231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-taylor-la-2014.