In re Wilson

221 So. 3d 40, 2017 WL 2436714, 2017 La. LEXIS 1230
CourtSupreme Court of Louisiana
DecidedJune 5, 2017
DocketNO. 2017-B-0622
StatusPublished
Cited by1 cases

This text of 221 So. 3d 40 (In re Wilson) 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 Wilson, 221 So. 3d 40, 2017 WL 2436714, 2017 La. LEXIS 1230 (La. 2017).

Opinion

PER CURIAM

_JjThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Greta L. Wilson, an attorney licensed to practice law in Louisiana but currently inactive.1

FORMAL CHARGES

15-DB-041

In May 2013, respondent filed suit on behalf of Lawrence Gates, Jr., without his consent or authorization, regarding funds recovered from the sale of property located in New Orleans. After the suit was filed, respondent received a check in the amount of $20,141. On May 21, 2013, respondent affixed Mr. Gates’ signature to the check and deposited it into her client trust account. Upon learning of this, Mr. Gates retained attorney Herbert A. Cade. In January 2014, Mr. Cade sent respondent a demand letter requesting that he issue a cashier’s check made payable to Mr. Gates in the aforementioned amount. Respondent complied with this request in February 2014. Prior to that time, however, Mr, Gates had received no funds from respondent.

| gIn January 2014, Mr. Cade filed a disciplinary complaint against respondent regarding these events. In response to the complaint, respondent indicated that Mr. Gates had closed his file in the matter because he was satisfied with her response and compliance with his demand. In a supplementary response to the complaint, respondent described a personal illness and her father’s terminal illness, both of which she claimed contributed to the delay in forwarding the funds to Mr. Gates.

In August 2014, respondent gave a sworn statement to the ODC in which she acknowledged receiving the funds from the court registry and depositing the funds in her trust account. Respondent claimed that she was entitled to one-third of the $20,141 ($6,713.67). However, the funds in her account dipped below $13,427.34 on numerous occasions between the date of deposit and the date of her issuance of the cashier’s check to Mr. Gates. Respondent was unable to provide a copy of her contract with Mr. Gates and the trust account records reflect that the refund did not come from her trust account.

The ODC alleged respondent’s misconduct violated the following provisions of the Rules of Professional Conduct: Rules 1.15 (safekeeping property of clients or third persons), 1.16 (obligations upon termination of the representation), 3.3 (false statement of material fact or law to a tribunal), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice).

15-DB-058

On January 8, 2014, respondent filed an ex parte motion for order to enroll as counsel of record in the matter of New Orleans Redevelopment Authority v. Harry Lee Pittman, et al., No. 2009-2899, Div. “M,” Civil District Court, Parish of Orleans. In the pleading, respondent indicated that she was retained as counsel by [42]*42|aMr. Pittman for the sole purpose of withdrawing funds deposited in connection with the matter. This was followed by an ex parte motion for order to withdraw funds from the registry of the court. In' the pleading, respondent again identified herself as counsel for Mr. Pittman.'

In connection with the filings, the court ordered disbursement of a check in the amount of $32,959.14 (together with interest) payable to Mr, Pittman and respondent. On February 18, 2014, the clerk issued a check in the amount of $83,220.81 payable to Mr. Pittman and respondent. On March 11, 2014, the check was negotiated, bearing the purported endorsements of Mr. Pittman and respondent.

In reality, Mr. Pittman had never hired or even met respondent. Due to physical limitations, which existed at the time of the issuance of the check, Mr. Pittman would not have been physically able to sign his name to endorse the check. Upon learning of respondent’s actions, Mr. Pittman enlisted the assistance of attorney Edwin R. Murray, who attempted to obtain information from respondent relative to this matter.

Respondent provided Mr. Murray with a copy of a contract for services executed by Zealous Pittman, the brother of Mr. Pittman. The contract identifies Zealous as having power of attorney over Mr. Pittman; however, no such power of attorney existed or was in effect at that time. No proceeds from the monies obtained by respondent through her actions were distributed to Mr. Pittman or to any other party on his behalf.

The ODC alleged respondent’s misconduct violated the following provisions of the Rules of Professional Conduct; Rules 8.4(a), 8.4(c), and 8.4(d),

DISCIPLINARY PROCEEDINGS

| ¿The. ODC filed two sets of formal charges against respondent under disciplinary board docket numbers 15-DB-041 and 15-DB-058, Respondent failed to answer either set of formal charges.2 Accordingly, the factual' allegations contained therein were deemed admitted and proven by clear and convincing evidence pursuant to Supreme Court Rule XIX, § 11(E)(3).

In March 20Í6, the matters were consolidated by order of the hearing committee chair. No formal hearing was held, but the parties, were given an opportunity to file with the hearing committee written arguments and documentary evidence on the issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

Hearing Committee Report

After considering the ODC’s deemed admitted submission, the hearing committee, noting that the factual allegations in the formal charges were deemed admitted, accepted those facts as true and correct. Based on those facts, the committee determined respondent violated the Rules of Professional Conduct as alleged in the formal charges.

[43]*43The committee determined that by obtaining funds as to two clients by fraudulent methods, and then converting those funds to her own use, respondent violated duties owed to her clients, the public, the legal system, and the legal profession. Respondent acted knowingly and intentionally, causing actual harm to her clients. After considering the ABA’s Standards for Imposing Lawyer Sanctions, the committee determined that the baseline sanction is disbarment.

|fiIn aggravation, the committee found a dishonest or selfish motive, a pattern of misconduct, multiple offenses, vulnerability of the victims, and substantial experience in the practice of law (admitted 1989). In mitigation, the committee found the absence of a prior disciplinary record.3

After also considering this court’s prior jurisprudence addressing similar misconduct, the committee recommended respondent be disbarred. The committee further recommended respondent be assessed with the costs and expenses of this proceeding.

Neither respondent nor the ODC filed an objection to the hearing committee’s report and recommendation.

Disciplinary Board Recommendation

After reviewing these- consolidated matters, the 'disciplinary board determined that the factual allegations of the formal charges are deemed admitted and proven by clear and convincing evidence. The board further determined that the committee correctly applied the Rules of Professional Conduct, with one exception.

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Related

In re Wilson
260 So. 3d 1203 (Supreme Court of Louisiana, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
221 So. 3d 40, 2017 WL 2436714, 2017 La. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wilson-la-2017.