In Re White

791 So. 2d 602, 2001 WL 418749
CourtSupreme Court of Louisiana
DecidedApril 25, 2001
Docket2000-B-2732
StatusPublished
Cited by9 cases

This text of 791 So. 2d 602 (In Re White) 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 White, 791 So. 2d 602, 2001 WL 418749 (La. 2001).

Opinion

791 So.2d 602 (2001)

In re Charles H. WHITE.

No. 2000-B-2732.

Supreme Court of Louisiana.

April 25, 2001.

Charles B. Plattsmier, Bernadine Johnson, Baton Rouge, Counsel for Applicant.

Charles H. White, New Orleans, Counsel for Respondent.

PER CURIAM.[*]

This disciplinary proceeding arises from four counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, Charles H. White, a currently disbarred attorney.[1]

UNDERLYING FACTS

Count I

In 1996, respondent represented Jerome Matthews in federal litigation pending in the United States District Court for the Middle District of Louisiana. In April of 1996, respondent accepted a check from *603 his client's sister, Joyce Juge, in the amount of $2,200 as payment of Mr. Matthews' litigation expenses. On April 23, 1996, the United States Court of Appeals for the Fifth Circuit suspended respondent from practicing in all district courts within its jurisdiction, which includes the Middle District of Louisiana.[2] Without prior notice to his client, respondent withdrew from Mr. Matthews' case.

During the investigation of the misconduct, respondent intentionally misrepresented in a sworn statement before the ODC that he had already refunded the unused retainer. In fact, the unused funds in the amount of $1,200 were not refunded until seven weeks later. Respondent failed to provide an accounting for the funds.

Count II

In late March of 1996, respondent settled a personal injury case on behalf of his client, Bennie Scott. Although respondent withheld $2,671.30 in settlement funds to pay his client's bills for emergency medical and hospital services, he failed to disburse the funds.

Count III

Respondent's daughter, Thadra White, is a licensed attorney. In December of 1997, Donna Bass Hobson retained the services of Ms. White in connection with a succession matter. During this time, Ms. White was frequently inaccessible or unavailable to Ms. Hobson and respondent, who was suspended from the practice of law,[3] began returning telephone calls for his daughter. Thereafter, respondent met with Ms. Hobson in his former law offices, gave her legal advice, prepared pleadings and spoke with witnesses.

Subsequently, respondent persuaded Ms. Hobson to terminate his daughter's services and obtain the services of his former law associate, Rodney Braxton. In doing so, he misrepresented to Ms. Hobson that he was Mr. Braxton's "senior attorney." Moreover, while he advised Ms. Hobson that he was suspended from the practice of law until October of 1998, he failed to advise her that he was subsequently disbarred.

Count IV

On July 28, 1997, Deromy Quarles retained respondent to handle a personal injury case. Respondent communicated last with his client on September 11, 1997. Thereafter, respondent failed to return Mr. Quarles' telephone calls and closed his law office without notice.

Respondent failed to cooperate with the ODC in the investigations of three of the matters by failing to accept notices of the complaints and requests for information.

DISCIPLINARY PROCEEDINGS

After investigation, the ODC filed formal charges against respondent, alleging his conduct violated Rule 1.1(a) (incompetence), Rule 1.3 (lack of diligence), Rule 1.4 (failure to communicate), Rule 1.5 (failure to refund unearned fees), Rule 1.15(b) (failure to pay fees owed to a third party), Rule 1.16(a) (failure to properly withdraw from representation upon termination), Rule 1.16(d) (failure to protect client interests upon termination of representation), Rule 5.5 (engaging in the unauthorized practice of law), Rule 8.1(b) (failure to *604 respond to a lawful demand for information from a disciplinary authority), Rule 8.1(c) (failure to cooperate with the ODC in its investigation), Rule 8.4(a) (violating the Rules of Professional Conduct), Rule 8.4(b) (commission of a criminal act adversely reflecting on a lawyer's honesty, trustworthiness, or fitness as a lawyer), Rule 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, or misrepresentation), Rule 8.4(d) (conduct prejudicial to the administration of justice), and Rule 8.4(g) (failure to cooperate with the ODC in its investigation) of the Rules of Professional Conduct. Respondent failed to file an answer to the complaint, and the hearing was conducted on documentary evidence only. While the ODC submitted evidence and a pre-hearing memorandum seeking disbarment, respondent failed to make any filing.

Hearing Committee Recommendation

The hearing committee determined the allegations against respondent are serious enough to merit disbarment. Noting respondent is currently disbarred from the practice of law, the committee recommended respondent be disbarred again and that he not be eligible to seek reinstatement until five years from the order imposed in this matter. The committee also recommended respondent make restitution to Mr. Scott.

Disciplinary Board Recommendation

The disciplinary board found that respondent breached duties owed to his clients, the public, and the profession, and that his conduct was intentional, resulting in actual harm when he failed to distribute the funds owed to Mr. Scott's medical providers. It further concluded his conduct caused serious potential harm when he closed his office without notice and failed to advise his clients of his suspension and disbarment. The board recognized the presence of several aggravating factors: prior disciplinary offenses,[4] substantial experience in the practice of law (admitted 1967), multiple offenses involving dishonesty and misrepresentations, bad faith obstruction of disciplinary proceedings by failing to comply with rules or orders of a disciplinary agency, submission of false statements and refusal to acknowledge the wrongful nature of the conduct. It found no mitigating factors.

Thus, the board concluded the appropriate sanction is disbarment. Recognizing that respondent is currently disbarred, it recommended that the minimum period for respondent to seek readmission be extended, *605 and that respondent be ordered to make restitution to Mr. Scott.

Neither respondent nor the ODC filed an objection in this court to the recommendation of the disciplinary board. However, on our own motion, we set the matter for oral argument, requesting that the parties specifically address "the duration of the sanction appropriate for an attorney, who is presently disbarred." The ODC filed a brief and participated in oral argument. Respondent, whose whereabouts are apparently unknown, did not file a brief, nor did he appear for oral argument.

DISCUSSION

The record demonstrates respondent failed to disburse and account for client funds, failed to communicate with a client, and practiced law after being suspended by this court. Additionally, respondent failed to cooperate with the ODC in its investigation of these matters, and has made no effort to participate in these proceedings.

In making a determination of the appropriate sanction for respondent's misconduct, we are mindful that the purpose of lawyer disciplinary proceedings is not primarily to punish the lawyer, but rather to maintain appropriate standards of professional conduct to safeguard the public, to preserve the integrity of the legal profession, and to deter other lawyers from engaging in violations of the standards of the profession. Louisiana State Bar Ass'n v. Guidry, 571 So.2d 161 (La.1990).

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Cite This Page — Counsel Stack

Bluebook (online)
791 So. 2d 602, 2001 WL 418749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-white-la-2001.