Louisiana State Bar Ass'n v. Jones

555 So. 2d 1375, 1990 La. LEXIS 338, 1990 WL 8563
CourtSupreme Court of Louisiana
DecidedFebruary 5, 1990
DocketNos. 88-B-1155, 88-B-2819
StatusPublished
Cited by2 cases

This text of 555 So. 2d 1375 (Louisiana State Bar Ass'n v. Jones) 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. Jones, 555 So. 2d 1375, 1990 La. LEXIS 338, 1990 WL 8563 (La. 1990).

Opinion

LEMMON, Justice.

The Louisiana State Bar Association, through its Committee on Professional Responsibility, instituted these proceedings against Rory M. Jones, a member of the Association. The consolidated proceedings are based on complaints by six separate clients.

The Gueringer Complaint

Crystal Gueringer retained respondent to represent her in her divorce. She complained to the Bar Association that respondent collected $350 from her in 1985, but did not file a divorce suit or advise her of the status of the matter. He further failed to return the unearned fee.

Based on this complaint, the Bar Association charged respondent with violating Disciplinary Rules 6-101(A)(3) and 2-110(A)(3) of the Code of Professional Responsibility and Rules 1.3, 1.4, and 1.16(d) of the Rules of Professional Conduct.1

After a hearing at which respondent appeared without counsel, the commissioner appointed by this court found that respondent did not perform any legal services to earn the $350 paid to him, but only met periodically with the client to collect his fee.2 Respondent’s contention that he could not file the petition because his client failed to provide her husband’s address was rejected. Noting that respondent should have returned the fee and his failure to do so adversely affected the client who did not have sufficient funds to employ a new attorney, the commissioner concluded that the specified rules had been violated.

We conclude that the evidence established respondent’s neglect of a legal matter and his failure to refund the unearned fee.

The Aguillard Complaint

During the course of representing Sheila Aguillard in certain litigation in 1985, re-[1377]*1377spondént was served with interrogatories which the client answered. When opposing counsel did not receive the responses because respondent mailed them to the wrong address, a motion to compel was filed. Respondent failed to appear at the hearing on the motion, and the court ordered that answers be filed. When respondent failed to provide the answers to opposing counsel, the court dismissed respondent’s client’s action.

Respondent was charged with neglecting a legal matter entrusted to him in violation of DR 6-101(A)(3) and Rule 1.3. The commissioner concluded that the Bar Association failed to carry its burden of proof of neglect, noting that many attorneys fail to answer interrogatories.

The gravamen of this misconduct was not respondent’s mere failure to provide counsel with answers, but his further ignoring the court order to do so and his subsequently ignoring the motion to dismiss. Respondent’s client suffered injury in that her action was dismissed because of this neglect of a legal matter entrusted to respondent.

The Randall Complaint

Kimberly Randall paid respondent a $250 retainer fee to represent her in a child custody and support matter in 1986. When respondent appeared in court with his client, the judge informed respondent that he was ineligible to practice law because of non-payment of his Bar Association dues.

After discharging respondent, the client complained to the Bar Association that respondent promised to refund the retainer fee and failed to do so. The Bar Association charged respondent with failing to return an unearned fee in violation of DR 2-110(A)(3).

The commissioner concluded that no refund was due in that respondent earned the fee by meeting with Randall on eight or nine occasions and going to court at least once and possibly two times.

Most of respondent’s meetings with the client were to collect installments on the fee. Moreover, respondent’s meetings with the client and his trip to court were of no value whatsoever to the client inasmuch as he was ineligible through his own fault to practice law at the time and made no effort thereafter to be reinstated.

Respondent admitted that a refund was due and testified that he returned $150, but offered no proof. We conclude that respondent did not earn the fee and did not refund any portion of the unearned fee.

In connection with the court appearance in the Randall matter while ineligible because of non-payment of Bar Association dues, respondent was also charged with violating DR 1-102(A)(4) and 3-101(B) by engaging in conduct involving fraud, deceit or misrepresentation and by engaging in the unauthorized practice of law.

Respondent did not pay his Bar Association dues for 1985 and has not paid dues since. As a result he has been ineligible to practice law since July 31, 1985. When respondent appeared in court with Randall on October 13, 1986 and was confronted by the judge concerning the non-payment of dues, he responded that he had paid his 1986 dues, but asserted that there may have been an oversight as to the 1985 dues.

The commissioner found that violation of the Code had been proved, observing that respondent's failure to pay dues since 1985 was indicative of a complete and utter disregard for the rules of the Bar Association.

The determinative issue is not whether respondent paid his dues, but whether he attempted to deceive the court by stating that he had. Relator testified that at the time of the court appearance he could not specifically remember whether he had paid the dues, but responded to the judge as he did based on the belief the dues were probably paid.

It is plausible that a lawyer, when suddenly confronted with an accusation of nonpayment of dues, may not precisely remember whether he made the payment. Although respondent did not thereafter pay the dues, there is no proof that he was sent a notice of non-payment or of ineligibility prior to his statement to the judge or that he knew with certainty at the time of the statement the dues were not paid. However, the record establishes that respon[1378]*1378dent attempted to practice law, after his confrontation with the judge, without paying his dues.3 We therefore conclude that the charge relating to deceptive conduct with the judge was not proved by clear and convincing evidence, but the charge of unauthorized practice of law was proved.

The Powell Complaint

Respondent received $647 between March 5, 1985 and June 21, 1986 to represent Robbin Powell in an employment discrimination action. The defendant removed the suit to federal court and scheduled Powell’s deposition. When respondent and Powell failed to appear, the court on defendant’s motion ordered respondent to produce Powell at a later scheduled deposition and further ordered respondent and Powell to pay the defendant $750 in expenses and attorney’s fees. The suit was dismissed when respondent failed to pay this amount or to produce Powell for the deposition.

Respondent was charged with neglecting a legal matter entrusted to him, failing to refund the unearned fee to the client, and failing to render appropriate accounting to the client, all in violation of DR 6 — 101(A)(3), DR 2-110(A)(3) and DR 9 — 102(B)(3) respectively.4

The commissioner found that respondent’s failure to produce Powell or notify him of the three depositions and his failure to pay $750 to the opponent prompted the federal court to dismiss Powell’s suit. Based on the foregoing, the commissioner concluded that respondent had neglected a legal matter entrusted to him.

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In re Karam
852 So. 2d 979 (Supreme Court of Louisiana, 2003)
In re Graham
807 So. 2d 829 (Supreme Court of Louisiana, 2002)

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Bluebook (online)
555 So. 2d 1375, 1990 La. LEXIS 338, 1990 WL 8563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-jones-la-1990.