In re Waltzer

883 So. 2d 973, 2004 WL 2260630
CourtSupreme Court of Louisiana
DecidedOctober 8, 2004
DocketNo. 2004-B-1032
StatusPublished
Cited by8 cases

This text of 883 So. 2d 973 (In re Waltzer) 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 Waltzer, 883 So. 2d 973, 2004 WL 2260630 (La. 2004).

Opinion

[974]*974ATTORNEY DISCIPLINARY PROCEEDINGS.

hPER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Brenda W. Waltzer, an attorney licensed to practice law in Louisiana.

DISCIPLINARY PROCEEDINGS

The ODC filed three sets of formal charges against respondent. The first set of formal charges, consisting of a single count and bearing the disciplinary board’s docket number 02-DB-045, was filed on May 13, 2002. On June 17, 2002, the ODC filed the second set of formal charges, 02-DB-062, which also consisted of one count of misconduct. The first and second sets of formal charges were consolidated by order of the hearing committee chair dated August 6, 2002. On August 7, 2002, the ODC filed the third set of formal charges, consisting of two counts and bearing the disciplinary board’s docket number 02-DB-077. For some reason that is not explained in the record before us, the third set of formal charges was not consolidated with the other pending matters, and was considered by a separate hearing committee. On April 28, 2004, the disciplinary board filed in this court a single recommendation of discipline encompassing all matters involving respondent.

19The Joubert Matter (02-DB-045)

In 1990, Edith Joubert retained respondent to represent her in an employment discrimination claim against her former employer, Dixie Mill Supply Company, Inc. (“Dixie Mill”). In December 1990, respondent filed suit against Dixie Mill on behalf of Ms. Joubert. Edith Harvey Joubert v. Dixie Mill Supply Co., Inc., No. 90-24156 on the docket of the Orleans Parish Civil District Court. After the parties conducted discovery, including a deposition of Ms. Joubert in October 1996, the case was set for trial on February 24, 1997.

In late January 1997, Dixie Mill filed a motion for summary judgment. The trial court denied the motion on February 7, 1997. The proceedings were then stayed to allow Dixie Mill to seek review of the trial court’s judgment in the court of appeal. On February 26, 1997, respondent wrote a letter to Dixie Mill’s attorney, H. Mark Adams, in which she offered to settle Ms. Joubert’s case for $8,000. After the [975]*975court of appeal denied Dixie Mill’s application for supervisory writs on April 21, 1997, Dixie Mill authorized Mr. Adams to counter respondent’s proposal with a settlement offer of $5,000. Mr. Adams extended the offer to respondent in a telephone conversation on May 1, 1997, but thereafter he did not speak to her again until June 26, 1998, when respondent called to inquire about setting the case for trial. There has been no further activity of record in Ms. Joubert’s case, and the suit now appears abandoned.

In May 2001, Ms. Joubert filed a complaint against respondent with the ODC, alleging that she had been unable to contact respondent since her deposition. According to Ms. Joubert, both she and her daughter, Kathy Rushing, left numerous messages for respondent, but their calls were not returned. Respondent’s telephone number was eventually disconnected and her law office was closed. In 2000, Ms. Rushing was finally successful in reaching respondent, who indicated that Dixie Mill 1 shad offered to settle the Jou-bert case for $5,000. Ms. Rushing authorized respondent to accept the settlement offer on behalf of her mother; however, by that time, Dixie Mill’s offer was no longer available. Respondent has had no further communication with Ms. Joubert or Ms. Rushing.

Respondent failed to reply to Ms. Jou-bert’s complaint, necessitating the issuance of a subpoena compelling her to appear and answer the complaint under oath. In her sworn statement, respondent acknowledged receiving telephone calls from both Ms. Joubert and Ms. Rushing, and that she had been delinquent in returning the calls. Respondent also indicated that she would send Ms. Joubert a certified letter requesting further instructions concerning the continuation of the representation. Ms. Joubert denied ever receiving such a letter from respondent.

The ODC alleged that respondent’s conduct in the Joubert matter violated Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.16(d) (obligations upon termination of the representation), 3.4(c) (knowing disobedience of an obligation under the rules of a tribunal), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, 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.

Respondent answered the formal charges and denied any misconduct. In particular, respondent asserted that Ms. Joubert’s case was not abandoned because on RMarch 2, 2000, she sent a discovery request to the defendant seeking copies of all documentary evidence that the defendant planned to use at trial.1

The Krilov Matter (02-DB-062)

In 1997, Alan Marc Krilov retained respondent to represent him in a personal injury matter. Respondent filed a petition for damages on behalf of Mr. Krilov on October 17, 1997. Alan M. Krilov v. Keith Davis, No. 97-57541 on the docket of the First City Court for the City of New Orleans. The petition specified that service of citation be withheld. On July 17, 1998, respondent requested that service of citation be effected. Defendant’s answer of September 17, 1998 was the last activity of record in the case, and the suit now appears abandoned.

[976]*976During the representation Mr. Krilov left numerous messages for respondent seeking information on the status of the case. Respondent failed to return the calls and also failed to reply to a certified letter from Mr. Krilov that she received on September 12, 2001.

In October 2001, Mr. Krilov filed a complaint against respondent with the ODC. Respondent failed to reply to the complaint, necessitating the issuance of a subpoena compelling her to appear on March 6, 2002 and answer the complaint under oath. Respondent failed to appear on that date.

In March 2002, the ODC received correspondence from respondent dated January 22, 2002 in which she suggested that she had previously answered Mr. Krilov’s complaint by letter to the ODC dated November 20, 2001. Respondent also supplied the ODC with a copy of a letter she purportedly sent to Mr. Krilov in which she advised him that she had undertaken discovery in his case and that the defendant | Bhad offered a settlement. Mr. Krilov denied ever receiving such a letter from respondent.

The ODC alleged that respondent’s conduct in the Krilov matter violated Rules 1.3, 1.4, 1.16(a) (failure to withdraw from the representation of a client upon being discharged), 1.16(d), 3.2 (failure to make reasonable efforts to expedite litigation), 3.3(a) (knowingly making a false statement of material fact to a tribunal), 3.4(c), 8.1(c), 8.4(a), 8.4(c), 8.4(d), and 8.4(g) of the Rules of Professional Conduct.

Respondent answered the formal charges and denied any misconduct. Respondent asserted that she made numerous attempts to contact Mr. Krilov during the representation and that she forwarded Mr. Krilov a settlement offer made by the defendant.

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Bluebook (online)
883 So. 2d 973, 2004 WL 2260630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-waltzer-la-2004.