Louisiana State Bar Ass'n v. Riley

555 So. 2d 984, 1990 La. LEXIS 177, 1990 WL 3864
CourtSupreme Court of Louisiana
DecidedJanuary 19, 1990
DocketNos. 87-B-2002, 87-B-2727 and 89-B-1459
StatusPublished
Cited by2 cases

This text of 555 So. 2d 984 (Louisiana State Bar Ass'n v. Riley) 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. Riley, 555 So. 2d 984, 1990 La. LEXIS 177, 1990 WL 3864 (La. 1990).

Opinion

DISCIPLINARY PROCEEDING

CALOGERO, Justice.

This is a bar discipline matter, the second such case against this respondent. The instant case involves a series of offenses which took place more or less concurrently with two serious commingling offenses for which respondent was suspended for three years from the practice of law. In LSBA v. Riley, 500 So.2d 753 (La.1987), the Court found Michael J. Riley, Sr., guilty of two specifications of misconduct, both involving commingling and conversion of clients’ funds.1 In light of the gravity of those offenses and the mitigating circumstances,2 the Court, in a divided opinion, suspended Riley from the practice of law in Louisiana for three years,3 with reinstatement conditioned upon his making full restitution of the amounts owed to the two clients. Two justices dissented, believing that Riley’s conduct merited disbarment.

The foregoing instances of misconduct occurred from 1982 through 1984. While the Committee on Professional Responsibility of the Louisiana State Bar Association was investigating these two commingling allegations, the Committee continued to receive and investigate complaints from other clients whom Riley represented and other [985]*985parties with whom Riley did business during the years 1982 through 1986. Those matters form the basis of the three consolidated cases now before this Court.

In the three consolidated cases, the Committee originally charged Riley with a total of nineteen specifications of misconduct. After a preliminary investigation, the Committee concluded that Riley was guilty of all but two of the charged offenses.4 The charges on which the Committee found Riley guilty are reproduced in the appendix which is made part of this opinion but which will not be published. Fourteen of the violations, comprising cases No. 87-B-2002 and No. 87-B-2727, relate to Riley’s conduct prior to the effective date of his suspension on January 26, 1987; they involve seven clients and two third parties. Three violations, comprising ease No. 89-B-1459, concern Riley’s conduct after the effective date of his suspension. These latter charges involve allegations that Riley practiced law in violation of his suspension.

Two of these consolidated cases, 87-B-2002 and 87-B-2727, reached this Court in a routine fashion in compliance with all procedures set forth in Article XV, Section 6 of the Articles of Incorporation of the Louisiana State Bar Association, including the appointment of a Commissioner and the submission of a Commissioner’s report to this Court. The third ease, 89-B-1459, came up by a shorter route. The Committee completed its investigation and hearing, found Riley guilty by unanimous vote of three specifications of misconduct, and filed a petition for disciplinary action based on those specifications. Thereafter, utilizing a streamlined procedure first sanctioned by this Court in LSBA v. Marinello, 523 So.2d 838 (La.1988), Riley filed a motion to waive the appointment of a Commissioner and a Commissioner’s hearing. The Committee urged the Court to grant Riley’s motion. As in Marinello, the Committee filed a transcript of its investigatory hearing and the parties submitted other evidence. We granted the motion for consolidation and waiver. We note, however, that, unlike Marinello, Riley did not at that time stipulate to his guilt to the charges in 89-B-1459. In retrospect, we should not have permitted, on motion of respondent and with the Committee’s concurrence, waiver of the appointment of a Commissioner, nor granted consolidation in the absence of a stipulation to the facts or to the respondent’s guilt, even though consolidation has been beneficial in expediting these matters. In any event, we find no need to decide whether Riley is guilty of the three charges contained in 89-B-1459 because we decide this case, and the appropriate discipline, based on the charges investigated by the Commissioner and contained in cases 87-B-2002 and 87-B-2727.

Additionally we note that, responsive to the charges contained in cases 87-B-2002 and 87-B-2727, and to the complaints which now comprise case 89-B-1459, Riley submitted to voluntary disbarment on February 22, 1988.5 In his petition to surrender his license, Riley acknowledged that the facts and allegations in cases 87-B-2002 and 87-B-2727 and in the complaints comprising case 89-B-1459 were essentially true and correct.6 On March 17, 1988, [986]*986the Court granted Riley’s request and ordered him disbarred by consent.

Approximately nine months later, on December 22, 1988, Riley moved the Court to set aside its disbarment order. He alleged that, at the time of filing his February 1988 petition, he “suffered from a mental incapacity” and was unable “to understand the proceeding against him or to meaningfully assist in his own defense.” Riley alleged that his act of filing a petition to resign was not knowing or voluntary. As proof of these contentions, he submitted the affidavit of Dr. Doris LeBlanc, a clinical psychiatrist, in which she stated that at the time of his petition to resign, Riley “was mentally irresponsible and/or irrational to such an extent as to prevent reasonable appreciation and/or choices, relating to what was taking place.” The Court, with less than a unanimous vote, granted Riley's motion, set aside his disbarment by consent, and remanded all matters to the Committee. LSBA v. Riley, 536 So.2d 425 (La.1989).

As already noted, this Court appointed a Commissioner to investigate the fourteen pre-suspension charges comprising cases 87-B-2002 and 87-B-2727. The Commissioner found clear and convincing evidence that Riley committed thirteen of the fourteen alleged specifications of misconduct. The Commissioner concluded that, in seven instances, Riley neglected the legal affairs of his clients and committed other acts of misconduct in the representation of those clients; that, in five instances, Riley failed to cooperate with the Committee’s investigations; and that, in one instance, Riley issued a $2,500.00 worthless check to an expert witness and did not make good on the obligation. Based on his investigations in cases 87-B-2002 and 87-B-2727, the Commissioner has concluded that these acts merit disbarment. The Committee concurs in this conclusion.

After reviewing the hearing transcript of the Commissioner and other evidence assembled by the Committee, we find that the Commissioner was correct in concluding that the respondent’s conduct merits disbarment. We quote the Commissioner’s summary of the thirteen instances of misconduct upon which the Commissioner recommends disbarment:

[H]e limited representation without consulting with or advising his clients in three cases ...; he abandoned his clients in two cases without notifying them or helping them obtain new counsel or returning to them the necessary documentation to make an enlightened decision to proceed.... In one case, he refused to follow the directions of his client without informing her and took her money and failed to account for it.... In another case, he settled the case without the knowledge or approval of the client, kept the proceeds of the settlement and never accounted for it. In one other case, he dealt with his creditor dishonestly by taking services from him and issuing an NSF check....

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Related

In re Riley
243 So. 3d 537 (Supreme Court of Louisiana, 2018)

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Bluebook (online)
555 So. 2d 984, 1990 La. LEXIS 177, 1990 WL 3864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-riley-la-1990.