In re Turnage

826 So. 2d 546, 2002 WL 31039851
CourtSupreme Court of Louisiana
DecidedSeptember 13, 2002
DocketNo. 2001-B-2585
StatusPublished
Cited by2 cases

This text of 826 So. 2d 546 (In re Turnage) 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 Turnage, 826 So. 2d 546, 2002 WL 31039851 (La. 2002).

Opinion

[547]*547ATTORNEY DISCIPLINARY ' PROCEEDINGS.

hPER CURIAM.

This attorney disciplinary proceeding arises from seven counts of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, James David Turnage, an attorney licensed to practice law in the State of Louisiana.

UNDERLYING FACTS

Count I — Hudson Matter

In 1997, Spring Hudson retained respondent to represent her in connection with debt collection matter instituted against her in the Shreveport City Court. At that time, Ms. Hudson provided respondent with evidence that she had previously satisfied the debt. However, respondent failed to produce the documentation in his client’s defense. As a result, summary judgment was rendered in favor of the creditor and Ms. Hudson’s wages were garnished.

On May 7, 1998, Ms. Hudson filed a complaint against respondent with the ODC. Upon receiving a copy of the complaint, respondent admitted to the allegations of misconduct and maintained he had offered to compensate Ms. Hudson for her loss, but that she did not respond to his offer. However, Ms. Hudson produced evidence that she made numerous efforts to contact respondent, including sending him correspondence by certified mail, but was unsuccessful.

|;,Count II — Dixon Matter

In 1996, Linda and Remoncile Dixon retained respondent to represent them and their minor children in a personal injury matter stemming from a vehicular accident. Two years later, respondent settled the matter on behalf of his clients in the total amount of $6,008. In addition to his legal fees, respondent withheld $940 from the settlement for payment to Jose D. Pineda, M.D. for medical services rendered to respondent’s clients. However, respondent failed to disburse these funds to Dr. Pineda and converted the funds to his own use.

On November 25, 1998, Dr. Pineda filed a complaint against respondent with the ODC. In the course of the ODC investigation, respondent gave a sworn statement in which he asserted Dr. Pineda’s claims had prescribed and, thus, Dr. Pineda was not entitled to any money. As to the funds he withheld from the settlement for Dr. Pine-da, respondent stated he used the money to pay other personal debts and admitted his client trust account went below that amount held in escrow.

Count III — Zahn Matter

Over the course of several years, respondent guaranteed payment for chiropractic services rendered by Robert L. Zahn, D.C. to seven of respondent’s clients. Subsequently, respondent withheld funds from each of his clients’ personal injury settlements for payment to Dr. Zahn. Between June 20, 1996 and June 17, 1999, respondent issued seven checks to Dr. Zahn as payment for the medical services rendered.1 However, each of the [548]*548checks were returned for insufficient funds. As tojjfour of the checks, respondent provided restitution shortly after the check was rejected by the respective financial institution. As to the remaining three checks issued between June 20, 1996 and July 23, 1996, totaling an amount of $2,617, respondent has not made restitution to Dr. Zahn, despite repeated requests.

On July 8, 1999, Dr. Zahn filed a complaint against respondent with the ODC. Shortly after the filing of the complaint, respondent provided restitution to respondent in one matter,2 but has not done so in the other matters.

Count IV — Howard Matter

On March 1, 1999, Linnie B. Howard retained respondent for $1,500 to file a timely motion for new trial and other post-conviction proceedings on behalf of her son. Respondent failed to take any action on behalf of his client. Ms. Howard made numerous efforts to contact respondent regarding the criminal matter, but to no avail. As a result, she was required to retain new counsel to pursue her son’s legal matter.

On August 20, 1998, Ms. Howard filed a complaint with the ODC against respondent, requesting a return of the unearned fee.

Count V — Talley Matter

On May 1, 1998, John Wayne Talley retained respondent to represent him in felony criminal proceedings. At the time, respondent agreed to accept $8,300 as payment in full for the representation. Mr. Talley paid the amount. Approximately one month later, respondent advised his client he needed an additional $1,000 to Rhandle the matter. Again, Mr. Talley paid the funds to respondent. Subsequently, respondent failed to take any measures on behalf of his client. After being unable to locate respondent, Mr. Tally retained other counsel and reported the matter to the Caddo Parish District Attorney’s Office.

On September 29, 1999, Mr. Talley filed a complaint against respondent with the ODC, seeking a return of the unearned fee and his client file, which Mr. Tally claimed contained documents that are critical to his defense.

Count VI — Washington and Gully Matters

In 1993, Lonnie Washington and Billy Gully retained respondent to represent them in a personal injury matter on a contingency basis. Respondent ceased communicating with them in early 1999. According to Mr. Washington and Mr. Gully, they learned respondent had abandoned his law practice in Louisiana to relocate to Mississippi.

On October 28, 1999, Mr. Washington and Mr. Gully filed a complaint against respondent with the ODC.

Count VII — Sowls Matter

On February 17, 1999, Cleutis Sowls retained respondent for $1,000 to represent him in a civil service appellate matter. While respondent filed the appeal, he failed to take any other measures on behalf of his client, including neglecting to appear at a scheduled hearing. Respondent failed to respond to his client’s requests for information regarding the legal matter and, later, for a return of the unearned fee and his client file.

On February 25, 2000, Mr. Sowls filed a complaint against respondent with the [549]*549ODC seeking a return of the unearned fee and his ease file.

| .DISCIPLINARY PROCEEDINGS

Formal Charges

After investigation, the ODC filed seven counts of formal charges. The charges alleged respondent’s actions violated the following provisions of the Rules of Professional Conduct: Rules 1.2 (failure to abide by scope of representation), 1.3 (incompetence), 1.4 (failure to communicate), 1.7(b) (engaging in a conflict of interest), 1.8(h) (making an agreement prospectively limiting lawyer’s malpractice liability), 1.15 (commingling and conversion of client funds), 1.16(d) (failure to protect client interests upon termination of representation), 8.4(a) (violating or attempting to violate 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) and 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, or misrepresentation).

Respondent failed to file an answer to the complaint. Accordingly, the matter was submitted to the hearing committee on documentary evidence only.

Recommendation of the Hearing Committee

The hearing committee determined the ODC proved allegations of professional misconduct by clear and convincing evidence.

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Related

In re Turnage
104 So. 3d 397 (Supreme Court of Louisiana, 2012)

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Bluebook (online)
826 So. 2d 546, 2002 WL 31039851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-turnage-la-2002.