In re Van Dyke

129 So. 3d 1219, 2013 WL 6048862, 2013 La. LEXIS 2464
CourtSupreme Court of Louisiana
DecidedNovember 15, 2013
DocketNo. 2013-B-2144
StatusPublished

This text of 129 So. 3d 1219 (In re Van Dyke) 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 Van Dyke, 129 So. 3d 1219, 2013 WL 6048862, 2013 La. LEXIS 2464 (La. 2013).

Opinion

PER CURIAM.

| ]This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Byrlyne June Van Dyke, an attorney licensed to practice law in Louisiana but currently on interim suspension.

PRIOR DISCIPLINARY HISTORY

In 1998, respondent was twice admonished for failing to cooperate with the ODC in its investigations.

In 2004, respondent’s parents died two months apart, and respondent had a falling out with her siblings. Devastated by these losses, respondent began drinking excessively, gambling excessively, and using cocaine, all of which resulted in her ignoring the responsibilities of her law office. When a disciplinary complaint was filed against her, respondent sought help from the ODC. The ODC suggested that respondent consider transferring to disability inactive status. Respondent agreed, and the court ultimately transferred her to disability inactive status in December 2004. In re: Van Dyke, 04-2874 (La.12/8/04), 889 So.2d 223.

Five and a half years later, the ODC petitioned the court to transfer respondent back to active status and simultaneously place her on interim suspension, based upon her guilty plea in a federal felony case. On June 16, 2010, the court granted the ODC’s petition, reinstated respondent to active status, and placed her on interim suspension. In re: Van Dyke, 10-1188 (La.6/16/10), 47 So.pd2 405; In re: Van Dyke, 10-1190 (La.6/16/10), 44 So.3d 262. [1221]*1221To date, respondent remains on interim suspension.

Against this backdrop, we now address the misconduct at issue in the instant matter.

UNDERLYING FACTS

The Criminal Matter

Respondent electronically accessed the Southwest Louisiana Credit Union account of her former employee, without the employee’s knowledge or consent, as follows:

• $100 withdrawal on November 9, 2004 payable to Palace of Chance Casino;
• $321.62 withdrawal on December 3, 2004 payable to Central Coin;
• $100 attempted withdrawal on December 4, 2004 payable to Navaho Networks; and
• $300 withdrawal on December 6, 2004 payable to Citadel Commerce.

Respondent electronically accessed the Southwest Louisiana Credit Union account of a former client, without the client’s knowledge or consent, as follows:

• $18.65 withdrawal on October 14, 2004 payable to Citadel Commerce;
• $350 attempted withdrawal on October 18, 2004 payable to Citadel Commerce; and
• $200 attempted withdrawal on November 12, 2004 payable to Citadel Commerce.

Respondent also fraudulently obtained credit cards using the identity of her deceased client, Robert Louvat, to facilitate a wire transfer through Western Union Financial Services.

On November 6, 2008, respondent pleaded guilty to one count of aggravated identity theft in the United States District Court for the Western District of'^Louisiana. In the plea agreement, respondent admitted that she knowingly and without lawful authority transferred or used a means of identification of another person with the intent to commit a federal felony, in violation of 18 U.S.C. § 1028A(a)(l). Specifically, she admitted that she obtained detailed information from eleven clients or former employees, including the above-mentioned persons, and used that information without authority to obtain credit and/or money.

Respondent was sentenced to twenty-four months incarceration, followed by one year of supervised release. She was also ordered to pay restitution in the amount of $43,194.94 to her victims.

The Dignam Matter

In March 2003, Kinnon Dignam hired respondent to represent him in a criminal matter. Mr. Dignam’s parents paid respondent $3,500 for the representation. Thereafter, respondent failed to return telephone calls requesting status updates. Although respondent performed work on Mr. Dignam’s behalf, she did not complete the matter before her services were terminated by Mr. Dignam’s parents in November 2003. Nevertheless, she failed to provide the Dignams with an accounting and refund of any unearned fee.

The Wielgos/Young Matter

In late 2003, respondent prepared a last will and testament and related documents for Burl Dick Young. On October 3, 2003, Mr. Young executed a power of attorney naming Kathleen Wielgos as his agent. He also executed a will naming Ms. Wiel-gos as executrix and the legatee of one-third of his estate. When Mr. Young passed away on December 31, 2003, Ms. Wielgos directed respondent to initiate succession proceedings. Respondent charged and collected a $10,000 |4fee for all matters related to the succession. However, respondent failed to complete the sue-[1222]*1222cession and failed to refund any portion of the unearned fee.

During the representation, respondent used Ms. Wielgos’ checking account number to obtain credit with an internet gambling site and electronically withdrew funds from Ms. Wielgos’ personal bank account without her knowledge or consent. Respondent pleaded guilty to federal felony charges for this criminal conduct as well as other criminal conduct as described in the criminal matter set forth above.

The White/DeClouet Matter

In December 2003, J. Michael DeClouet hired respondent to represent his mother, Nelma White, in an ongoing divorce case. Mr. DeClouet paid respondent $2,500 for the representation. Respondent did not complete the case before Mr. DeClouet demanded a refund of the unearned fee in November 2004. Nevertheless, respondent did not refund any portion of the fee.1

The Roddy Matter

In July 2003, Mary Roddy hired respondent to represent her grandson, Ryan Roddy, in a criminal matter. Ms. Roddy paid respondent $4,000 for the representation. Respondent failed to appear in court on Mr. Roddy’s behalf on at least three occasions. Nevertheless, she did not refund any portion of the fee.

The Turner Matter

In February 2004, Lacey Turner hired respondent to represent her in a criminal matter. Ms. Turner paid respondent $5,000 for the representation. During the course of the representation, respondent did not accept or return Ms. Turner’s |telephone calls. In June 2004, Ms. Turner informed respondent’s assistant that she would be unable to attend the trial set for December 6, 2004 due to health issues related to her pregnancy, and she was assured that respondent would obtain a continuance of the trial date. Thereafter, on numerous occasions, Ms. Turner could not contact respondent’s office because no one answered the telephone and the voice-mail was full. On January 21, 2005, Ms. Turner was arrested on a bench warrant for failing to appear for the December 6, 2004 trial.

In January 2010, the Louisiana State Bar Association’s Client Assistance Fund paid Ms. Turner $3,750 as a result of respondent’s wrongful retention of the unearned portion of the fee. Respondent admitted that she owes a refund to the Client Assistance Fund in connection with this matter.

DISCIPLINARY PROCEEDINGS:

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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 Van Dyke
44 So. 3d 262 (Supreme Court of Louisiana, 2010)
In re Boudreau
815 So. 2d 76 (Supreme Court of Louisiana, 2002)
In re Van Dyke
889 So. 2d 223 (Supreme Court of Louisiana, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
129 So. 3d 1219, 2013 WL 6048862, 2013 La. LEXIS 2464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-van-dyke-la-2013.