Louisiana State Bar Ass'n v. Doggett

534 So. 2d 941, 1988 La. LEXIS 2429, 1988 WL 131730
CourtSupreme Court of Louisiana
DecidedDecember 12, 1988
DocketNos. 87-B-0557, 87-B-1974
StatusPublished
Cited by3 cases

This text of 534 So. 2d 941 (Louisiana State Bar Ass'n v. Doggett) 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
Louisiana State Bar Ass'n v. Doggett, 534 So. 2d 941, 1988 La. LEXIS 2429, 1988 WL 131730 (La. 1988).

Opinion

MARCUS, Justice

The Louisiana State Bar Association through its Committee on Professional Responsibility, instituted disciplinary proceedings against Knight E. Doggett, a member of said association. The committee’s petition for disciplinary action was based upon respondent’s final convictions after a jury trial in the federal district court of eight counts of mail fraud and one count of conspiracy to commit mail fraud.

Knight E. Doggett was indicted in the United States District Court for the Western District of Louisiana on eight counts of mail fraud in violation of 18 U.S.C. § 1341 [942]*942and on one count of conspiracy to commit mail fraud in violation of 18 U.S.C. §§ 371, 1341. The indictment alleged that Doggett and certain others staged or had staged automobile accidents in order to submit false and fraudulent claims to various insurance companies for indemnification by supposed victims of the staged automobile accidents. Doggett and the others involved in the scheme were to divide any money received from the defrauded insurance companies. The mail fraud indictments charged that between September 18, 1981 and May 21, 1982, Knight E. Doggett, on eight separate occasions mailed fraudulent insurance claims to four different insurance companies for the purpose of obtaining payments for automobile accidents that never occurred. The claims arose from three separate accidents staged by Doggett and the others.

Doggett was the key figure in the scheme which defrauded the insurance companies of more than $111,000. Furthermore, Doggett was the only lawyer involved in the scheme.1

Following conviction by a jury on December 20, 1986, Knight E. Doggett was sentenced on the conspiracy count to a six-month period of imprisonment and a fine of $10,000. On each of counts two through eight, the mail fraud counts, he was sentenced to a one-year period of imprisonment and a fine of $1,000. The execution of the period of imprisonment for counts two through eight was suspended and Dog-gett was placed on probation for a period of five years. As to count nine, he was sentenced to a six-month period of imprisonment and a fine of $1,000. Doggett was further ordered to pay the fines totaling $18,000 prior to March 30, 1987 and to make restitution to the affected insurance companies in the amount of $60,000 to be paid over the first forty-eight months of his five-year probationary term.

The United States Court of Appeals for the Fifth Circuit affirmed the district court’s holding, thereby finalizing the convictions and sentences. United States v. Knight E. Doggett, 821 F.2d 1049 (5th Cir.1987).

Respondent reported to federal prison in Texarkana, Texas on March 30, 1987 and was released to a halfway house in Alexandria in October of 1987. The Committee on Professional Responsibility, having determined that the crimes for which Doggett had been convicted constituted serious crimes, filed a petition with the Louisiana Supreme Court on March 13,1987, in which Doggett joined, seeking an order of immediate suspension and authorizing the institution of the necessary disciplinary proceedings. The order was signed April 2, 1987.

Subsequently, on August 28, 1987, the committee filed a petition for disciplinary action against Doggett under the provisions of Article 15, section 8(a), paragraph (7)(a) through (d) of the Articles of Incorporation of the Louisiana State Bar Association.2 After issue was joined by respondent’s answer, a commissioner was appointed. A hearing was conducted on February [943]*94318, 1988, at which respondent was afforded full and unrestricted opportunity to present any and all evidence of “mitigating circumstances not inconsistent with the essential elements of the crime for which he was convicted....” In the formal report of the commissioner to this court, it is stated that the commissioner found the offenses for which respondent was convicted to be serious crimes as admitted in the pleadings and as established by the jurisprudence. The only question, therefore, was the extent of discipline, if any, appropriate to accomplish the purpose of lawyer discipline and taking into account the aggravating and mitigating circumstances and the seriousness of the offenses involved. The commissioner recommended that the discipline to be imposed should be left to the determination of the Louisiana Supreme Court.

The Committee on Professional Responsibility concurred in the commissioner’s findings of fact and conclusions of law. Nevertheless, the committee, in its brief to this court, recommended disbarment as the appropriate discipline in this matter, asserting that Doggett’s conduct involved such “flagrant abuse of his skills as an attorney,” that no amount of mitigation could undo the harm done to the public and the legal profession. The matter was then submitted to this court under our original jurisdiction.3

The sole issue to be determined by this court in a disciplinary proceeding based on a conviction of a crime is whether “the crime warrants discipline, and if so, the extent thereof.” Article 15, section 8(a), paragraph (7)(d) of the Articles of Incorporation of the Louisiana State Bar Association; Louisiana State Bar Association v. Marcal, 430 So.2d 47 (La.1983).

At the hearing before the commissioner, respondent introduced evidence of mitigating circumstances. Fourteen witnesses appeared and testified in his behalf and fifty-three letters, written on behalf of Doggett were introduced into the record.

Respondent is now fifty-one years old. He received a Bachelor of Arts degree from Louisiana College and worked for a year as a lab technician in Baton Rouge before entering LSU Law School. He received his J.D. degree from LSU in 1963 and was licensed to practice law in 1964, at which time he became special counsel to the Attorney General of Louisiana. In 1965 he entered general private practice, first with a law firm in Alexandria, then with one partner, and finally as sole practitioner in which capacity he practiced until his voluntary suspension in April of 1987. He has served on several occasions as judge ad hoc of the Alexandria City Court. In 1958 he was married; he and his wife have four children.

Respondent testified in his own behalf before the commissioner, who found that Doggett was genuinely remorseful both for himself and for the legal profession. Although Doggett did not admit guilt in the scheme either during trial or before the commissioner, he did not, during the commissioner’s hearing, attempt to minimize or exculpate himself from responsibility for the acts resulting in his convictions. In addition, respondent presented an impressive array of character witnesses appearing in person and through letters made a part of the record. These included various sitting judges of the Ninth Judicial District Court, testifying pursuant to subpoenas, two past presidents of the Louisiana State Bar Association, and several Alexandria attorneys. All of these witnesses testified as to Doggett’s good reputation, professional competency, and good character. Their views in this regard were not affected by respondent’s convictions.

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Bluebook (online)
534 So. 2d 941, 1988 La. LEXIS 2429, 1988 WL 131730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-doggett-la-1988.