Smart Document Solutions, LLC v. Miller

970 So. 2d 49, 7 La.App. 3 Cir. 670, 2007 La. App. LEXIS 2015, 2007 WL 3171244
CourtLouisiana Court of Appeal
DecidedOctober 31, 2007
Docket07-670
StatusPublished
Cited by5 cases

This text of 970 So. 2d 49 (Smart Document Solutions, LLC v. Miller) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smart Document Solutions, LLC v. Miller, 970 So. 2d 49, 7 La.App. 3 Cir. 670, 2007 La. App. LEXIS 2015, 2007 WL 3171244 (La. Ct. App. 2007).

Opinion

970 So.2d 49 (2007)

SMART DOCUMENT SOLUTIONS, LLC
v.
Michael B. MILLER.

No. 07-670.

Court of Appeal of Louisiana, Third Circuit.

October 31, 2007.
Rehearing Denied December 26, 2007.

*50 Michael B. Miller, Miller & Miller, Crowley, LA, for Defendant/Appellant, Michael B. Miller.

Brian F. Blackwell, Blackwell & Associates, Baton Rouge, LA, for Plaintiff/Appellee, Smart Document Solutions, LLC.

Court composed of OSWALD A. DECUIR, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.

PICKETT, Judge.

The defendant, Michael B. Miller, appeals a judgment of the trial court awarding the plaintiff, Smart Document Solutions (SDS), LLC, $4,194.76 plus legal interest from date of judicial demand, for services rendered. We affirm the judgment of the trial court.

FACTS

The defendant, an attorney, subpoenaed medical records from a number of health care providers in the course of his practice. The plaintiff, as agent for the health care providers, answered the subpoenas, supplied the records requested by the defendant, and invoiced him for its service. The defendant accepted the records. Subsequently, the defendant refused to pay the plaintiff's invoices, claiming that he had not issued subpoenas to the plaintiff, but, rather to the various health care providers which used the plaintiff's services. The plaintiff filed suit and was awarded $4,194.76 plus legal interest from the date of judicial demand and all costs. The defendant appeals.

LAW AND DISCUSSION

The trial of this matter took place on February 27, 2007. Although properly noticed, the defendant/appellant failed to appear. The plaintiff proceeded to put on its case. The first witness called was Ms. Lynette Nickel, the clerk of the Crowley City Court, who testified that she was in court the last time the case was called for trial. She stated that the defendant was also present; that the case was continued because the defendant had yet to file his answer; that, not only was the new date announced in open court, but that notice of the new trial date was prepared; and that the notice, along with the plaintiff's Amended Petition and Interrogatories were served on the defendant.

The next witness called was Glenn Deville, the City Marshall, who was also in court when the case was continued. He remembered Mr. Miller being in the court when the new date was set and stated that he served the papers described by Ms. Nickel on the defendant, through his secretary, at the defendant's office.

The plaintiff then called Ms. Margaret Stevenson, the SDS Operations Director for north, central, and southwest Louisiana, along with north Mississippi and north Texas. Ms. Stevenson explained that medical providers contract with SDS to pull and copy subpoenaed records so that their own employees don't have to do so. She then identified individually each request (along with its supporting documentation) from Mr. Miller for medical records and the invoice sent to Mr. Miller for processing each request.

*51 The defendant raises six specifications of error on appeal. Assignments 1, 4 and 5 all address one issue—does the plaintiff have a right of action against the defendant. Assignment number five also raises the issue of agency and whether Miller, as agent for his clients, should be held liable for the records he ordered in connection with the representation of his clients. We agree with the trial judge that the plaintiff has a right of action. As discussed more fully below, Margaret Stevenson, an officer of the plaintiff/company who dealt with such records as requested by the defendant in the normal course of business established that SDS was an agent of the medical providers, hired by them to answer requests for medical records. Furthermore, also as discussed below, SDS meets the definition of a "health care provider" as used in R.S. 13:3715.1(G). As either the agent of the health care providers it represented or as a defined health care provider, SDS has the right to proceed against the defendant, to whom it provided goods and services.

As to the agency issue, the defendant claims that his clients owe the medical providers for the subpoenaed materials. Although this argument may appear to be technically correct, we find the special relationship between an attorney and his client does not support the defendants argument. We have not found an instance in which a Louisiana court has ruled on this issue, so we have looked to a number of foreign jurisdictions on which to base our conclusion. We are most impressed by the analysis and conclusion from the North Dakota Supreme Court:

[T]he attorney-client relationship differs from the general agency relationship because the attorney-client relationship is subject to an established code of professional responsibility governing members of the Bar, and the attorney, not the client, is in charge of the litigation and determines the services necessary to promote the best interests of the litigation. See Judd & Detweiler v. Gittings, 43 App.D.C. 304 (1915); Molezzo Reporters v. Patt, 94 Nev. 540, 579 P.2d 1243 (1978); Burt v. Gahan, 351 Mass. 340, 220 N.E.2d 817 (1966); Monick v. Melnicoff, 144 A.2d 381 (D.C.Mun.App. 1958); Roberts, Walsh & Co. v. Trugman, 109 N.J.Super. 594, 264 A.2d 237 (1970); Brown & Huseby, Inc. v. Chrietzberg, 242 Ga. 232, 248 S.E.2d 631 (1978).
The rationale for this rule was perhaps best stated in Judd & Detweiler v. Gittings, 43 App.D.C. at 310-311:
"While it is true that an attorney is the agent of his client, the relation between them, we think, is such that it calls for some modification of the general rule which the law recognizes as existing between principal and agent. In ordinary transactions, the agent is subordinate to the principal, the principal standing out as the real actor, and the agent merely as a subordinate representative. But the relation between attorney and client is different. The attorney has complete charge of the litigation, is so recognized by the court, and, as such, dominates in all matters pertaining to the conduct of the litigation. `While in one sense the client is the principal and the attorney the agent, and while the attorney is professionally and constantly acting for clients, whose names from the records of the courts and other means of publicity are almost always known or may be so, yet there are peculiarities in his case which make it necessary to apply to it with some qualification the general principles of agency. In most cases of agency the principal is what the name imports,-the leading person in the *52 transaction. The agent is, as the term implies, a mere subordinate, important only as the representative of the principal; often representing only one principal. An attorney at law, on the other hand, occupies a position of recognized importance in itself, not infrequently of great prominence before the public, in which he often has a large number of clients, his relations to whom are full of detail, and who are little noticed by the public.' Heath v. Bates, 49 Conn. 342, 44 Am.Rep. 234.

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Bluebook (online)
970 So. 2d 49, 7 La.App. 3 Cir. 670, 2007 La. App. LEXIS 2015, 2007 WL 3171244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smart-document-solutions-llc-v-miller-lactapp-2007.