Louisiana State Bar Ass'n v. Ranel

534 So. 2d 951, 1988 La. LEXIS 2437, 1988 WL 131734
CourtSupreme Court of Louisiana
DecidedDecember 12, 1988
DocketNo. 88-B-0059
StatusPublished
Cited by3 cases

This text of 534 So. 2d 951 (Louisiana State Bar Ass'n v. Ranel) 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. Ranel, 534 So. 2d 951, 1988 La. LEXIS 2437, 1988 WL 131734 (La. 1988).

Opinion

COLE, Justice.

Petitioner, the Louisiana State Bar Association, through its Committee on Professional Responsibility, seeks to have the respondent, Charles Z. Ranel, suspended from the practice of law for disciplinary rule violations. We find the respondent violated disciplinary rules 1-102(A)(1), (5) and (6),1 2-110(A)(3),2 6-101(A)(3),3 and 9-102(A) and (B)(4)4 of the Code of Profes[952]*952sional Responsibility of the Louisiana State Bar Association.5 It is appropriate respondent be suspended from the practice of law for a period of three years from this date, reinstatement conditioned upon the payment of sums due to the parties discussed hereafter.

PROCEDURE

In LSBA v. McGovern, we traced the mandate and procedure by which the court may sanction members of the bar.

This court has exclusive original jurisdiction of disciplinary proceedings against a member of the bar. La. Const, of 1974, Art. 5, Sec. 5(B). The rules of this court provide for the creation of the bar association, the code of professional conduct, and the procedure in disbarment suits. Rules of Supreme Court of Louisiana, Rule 19 (1973); La.R.S. 37:211, LSBA v. Edwins, 329 So.2d 437 (1976); In re Mundy, 202 La. 41, 11 So.2d 398 (La.1942); Hood, Renewed Emphasis on Professional Responsibility, 35 La.L.Rev. 719 (1975). Under these rules, when the bar association’s Committee on Professional Responsibility is of the opinion that a lawyer is guilty of a violation of law or rule of professional conduct of sufficient gravity to show moral unfitness to practice law, it must institute a suit for disbarment or suspension by a petition which shall be served upon the respondent. Louisiana State Bar Association Articles of Incorporation, art. 15, § 6(a). When issue is joined or when the respondent has not appeared to plead or answer within the time allowed, this court may hear the evidence, or we may appoint a commissioner to take the evidence. Id., section 6(b). Regardless of how the evidence is taken, this court must decide, based on the record in the case, both whether the attorney is guilty of the unethical conduct charged, as well as what penalty is appropriate if disciplinary sanctions are warranted. LSBA v. Edwins, supra; LSBA v. Wheller, 243 La. 618, 145 So.2d 774 (1962). In re Reed, 207 La. 1011, 22 So.2d 552 (1945).

LSBA v. McGovern, 481 So.2d 574, at 576 (La.1986).

The Bar Association must plead the alleged violation, produce evidence of the violation and persuade this court, by clear and convincing evidence, that the violation occurred. Id. at 577; citing La. Const.1974, Art. 5, Sec. 5(B); Louisiana State Bar Association Articles of Incorporation, Art. 15, Sec. 6.

CHARGES

The charges against Mr. Ranel consist of alleged misconduct involving five separate legal matters. The Committee alleges Mr. Ranel failed to act with reasonable diligence and promptness in representing the clients, failed to return unearned legal fees, and failed upon request to promptly deliver a client’s property to him. The Committee further alleges Mr. Ranel made false representations to one or more of his clients concerning the status of their case, failed to respond to lawful demands for information from the committee, and failed to cooperate with the committee in its investigation of the allegations above.

PROCEEDINGS

Five separate complaint letters were sent to the Louisiana State Bar Association in 1985 and 1986 by former clients of Mr. Ranel, and one complaint letter was sent by a chiropractor who treated former clients. The Committee mailed copies of these letters to Mr. Ranel requesting him to re[953]*953spond to the accusations. Mr. Ranel did not respond. In April of 1986 the Committee issued a subpoena ordering Mr. Ranel to appear at the office of Ms. Ann LaCour Neeb, its assistant counsel, to respond to the complaints made against him. Mr. Ra-nel appeared at Ms. Neeb’s office and asked for an extension of time to respond to the complaints. He stated he suffered from an illness caused by exposure to agent orange. Ms. Neeb gave him until the end of April to answer the complaints. Mr. Ranel did not respond.

The Committee held an investigative hearing on April 17, 1987. The Committee informed Mr. Ranel by a letter dated April 6, 1987, personally served upon him, of his right to be present, to have an attorney present, to introduce documents, and to call and cross-examine witnesses in his behalf. Several of the complainants were present and gave testimony. Mr. Ranel did not attend the hearing.

The Commissioner, Kenneth E. Barnette, held a formal hearing on April 6, 1988. Mr. Ranel was informed of his rights as regards the hearing, including his right to subpoena witnesses and introduce evidence in his behalf. Mr. Ranel was present at the hearing and testified. He did not introduce any evidence to support his testimony. At the time of the hearing he had not responded to any of the complaints made against him.

FACTS

Specification No. 1: In 1983 Lisa A. Plant hired Mr. Ranel to handle an alleged breach of contract by an automobile dealer. Ms. Plant paid Mr. Ranel $100.00. Mr. Ranel gave her four separate court dates, the last of which was June 14, 1985. Mr. Ranel did not appear in court on any of the dates. He did not complete the assignment for which he was retained and, apparently, abandoned his efforts. Ms. Plant made several phone calls and wrote three letters to Mr. Ranel. She was unable to contact him. Mr. Ranel did not attempt to adjust the complaint with Ms. Plant nor did he attempt to refund any portion of the $100.00 paid to him. Mr. Ranel claims he was unable to locate Ms. Plant. He admits he failed to respond to the Committee regarding this complaint.

Specification No. 2: Mrs. Lorena Crook retained Mr. Ranel to represent her in a bankruptcy proceeding. Mrs. Crook paid Mr. Ranel $560.00 to handle the matter and $42.00 for letters to seven of her creditors. Mr. Ranel prepared the petition and Mrs. Crook signed it. For the next eight months she phoned Mr. Ranel’s office to determine the status of her case. He never responded. Ranel said he was unable to file the petition because he needed Mrs. Crook’s signature on a crucial document. ■ He claims he was unable to locate her. Mrs. Crook ultimately went to another attorney who obtained her file from Mr. Ranel. After the Committee instituted proceedings against Mr. Ranel he offered to refund $300.00 of Mrs. Crook’s payment. She refused to accept the money in view of the upcoming Committee hearing. Although Mr. Ranel performed some services for Mrs. Crook he did not complete the task he was retained to accomplish.

Specification No. 3: Elmer Jefferson hired Mr. Ranel to handle a worker’s compensation matter. His complaint is that Ranel failed to forward funds to him from one or more of his worker’s compensation checks. He alleges Mr. Ranel told him the checks were never received. An attorney for the Committee introduced cancelled worker’s compensation checks made out to Elmer Jefferson and endorsed by Mr. Ra-nel. Mr. Ranel testified he had the power to sign checks for Mr. Jefferson and admitted receiving certain checks payable to Mr. Jefferson. Mr. Ranel claims he deducted an amount for legal fees and refunded the remainder to Mr. Jefferson by check. Mr.

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Related

In re Ranel
770 So. 2d 332 (Supreme Court of Louisiana, 2000)
Hippard v. State Bar
782 P.2d 1140 (California Supreme Court, 1989)

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Bluebook (online)
534 So. 2d 951, 1988 La. LEXIS 2437, 1988 WL 131734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-ranel-la-1988.