In re Waguespack

229 So. 3d 459
CourtSupreme Court of Louisiana
DecidedNovember 13, 2017
DocketNO. 2017-B-1468
StatusPublished

This text of 229 So. 3d 459 (In re Waguespack) 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 Waguespack, 229 So. 3d 459 (La. 2017).

Opinion

ATTORNEY DISCIPLINARY ' , PROCEEDING

PER CURIAM

|, This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Kenneth M. Waguespack, Jr., an attorney licensed to practice law in Louisiana.

FORMAL CHARGES

Count I

In November 2013, the ODC received notice from Capital One Bank that a check in the amount of $2,452.80 presented for payment to respondent’s client trust account (account number ending in 1527) was returned for insufficient funds. Notice of the overdraft was forwarded to respondent, along with instructions to submit documents to the ODC for review. The ODC then received a request from respondent asking for ah extension to submit the requested documentation, which was granted. When respondent failed to submit the documents, notice of the overdraft was forwarded to respondent'again-in March 2014 and hr June 2014. Respondent failed’ to produce any of the requested documentation.

Count II

Louisiana Primary Care Consultants (“LPCC”) provided medical services to respondent’s clients. Respondent was to pay his clients’ medical expenses from proceeds received from their claims. After learning from respondent’s clients that j atheir cases had settled, LPCC attempted to contact respondent regarding the status of payments for medical services rendered to seven clients. Respondent received the inquiry from LPCC in May 2014, evidenced by his signature on the certified mail return receipt card, but he failed to reply to the inquiry.

In June 2014, LPCC filed a complaint against respondent with the ODC. Notice of the complaint was forwarded, to respondent’s primary registration address on July 10, 2014, requesting a substantive response as well as copies of documents from his trust account. The correspondence was received on July 18, 2014, but respondent failed to respond as instructed.

Count, III

In August- 2014, the ODC received notice from Capital One Bank that a check in the amount of $340 presented for payment to-respondent’s client trust account (account number ending in 4833) was returned for insufficient funds. In September 2014, the ODC received notices from the bank that transactions for $340,. $360, and $465 were likewise .returned due to insufficient funds. Respondent’s 2014 trust account disclosure statement does not list a client trust account ending in 4833.

Upon receipt of the overdraft notices, the ODC -opeped a disciplinary investigation. Notice of the investigation was forwarded tp. respondent on September .11, 2014, requesting a .substantive response as well, as copies of documents from his trust account. Respondent failed to respond as instructed.

Count IV

Respondent was retained to establish an LLC for heirs of F. E. Waguespack and represent them in a property claim against the-State o.f Louisiana. The Afew Heirs, LLC was established and respondent was the registered agent for the LLC. Respondent associated Steve Irving to represent Afew Heirs in, the suit against the State. Judgment was. rendered in June 2013 and Afew Heirs was awarded [a$56,527.05. Mr. Irving received a check issued from respondent’s client trust account for his fees and expenses, but respondent failed to disburse funds due to the members of Afew Heirs. ,

Multiple complaints were filed against respondent arising out of this matter. In September 2014, the ODC issued a. subpoena to obtain respondent’s sworn statement and bank records for his client trust accounts. Thereafter, the OD.C received notice from the United States Postal Service indicating that respondent had changed his address. Th,e change of address had not been reported to the Louisiana State Bar Association (“LSBA”). An ODC investigator was instructed-to hand-deliver the subpoena, a bank letter, and the complaints to respondent at three known addresses. The correspondence was received on October 16, 2014.

On October 23, 2014, the ODC attempted to contact respondent via certified mail to reschedule the sworn statement. Respondent was instructed to contact the ODC within ten days of receipt of the correspondence; however, he failed to do so.

Notices of the complaints were delivered to respondent via certified mail on October 23, 2014. Respondent was instructed' to provide a substantive response within fifteen days of receipt of the correspondence, but he failed to respond.

Count V

Steve Fontenette retained respondent and Lawrence J. Centola, III to represent him in' a claim for damages sustained during his employment at Avondale Shipyards. The case settled in July 2014 for $20,000. After Mr. Fontenette signed the release, Mr. Centola’s firm issued two checks to respondent: a $3,500 check payable to respondent for his • fee and a $12,339.24 check payable to Mr. Fonten-ette. The check payable to Mr. Fontenette was endorsed with the signatures “Kenneth Waguespack” and “Steve Fonten-ette,” but Mr. Fontenette never received the check or the funds. Mr. Fontenette stated that his signature on the check is a forgery.

|4In December 2014, Mr. Centola filed a complaint against' respondent with the ODC. In January 2015, Mr. Fontenette filed a complaint against respondent with the ODC. Notice of the complaints was forwarded to respondent via certified mail. The return receipt card shows delivery on February 11, 2015. When respondent failed to submit a response, the ODC forwarded another certified letter to respondent. The return receipt card shows delivery on August 12, 2015. Once again, respondent failed to respond to the complaints.

Count VI

Respondent assumed the representation of Stephen Bruno’s former client, Habip Ertem. After settling the matter, respondent failed to contact Mr. Bruno’s firm. Respondent also collected from the clerk of court a $525.15 refund representing advanced costs that had been paid by the Bruno firm.

• In June 2015, Mr. Bruno filed a complaint against respondent with.the ODC. Notice of the complaint was forwarded to respondent. The return receipt card shows delivery on June 15, 2015. When respondent failed to submit a response, the ODC forwarded a certified letter to respondent regarding his failure to respond. The letter was returned to the ODC marked “unclaimed/undeliverable.” On August 21, 2015, the ODC received notice from the United States Postal Service informing of respondent’s new address, which had not been reported to the LSBA.

Count VII

In 2001, Debra LeBeau retained respondent to represent her daughter, Angel, to recover damages for injuries she sustained as a result of an accident that occurred in a Sears store. Ms. LeBeau entered into a contingency fee agreement with respondent. In October 2013, respondent sent a letter to Ms. LeBeau informing her of her of a $15,000 settlement offer extended by Sears. In the letter, respondent also | ^listed his expenses, which totaled $7,324.62, but indicated that he would forgo his fee. According to respondent, Angel was due to receive $7,324.62. Ms. LeBeau agreed to the settlement but never received the funds. Ms. LeBeau made numerous attempts to contact respondent, to no avail.

In August 2015, Ms.

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Related

In Re Banks
18 So. 3d 57 (Supreme Court of Louisiana, 2009)
Louisiana State Bar Ass'n v. Whittington
459 So. 2d 520 (Supreme Court of Louisiana, 1984)
Louisiana State Bar Ass'n v. Reis
513 So. 2d 1173 (Supreme Court of Louisiana, 1987)

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Bluebook (online)
229 So. 3d 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-waguespack-la-2017.