Another Victim Of Hurricane Katrina
A Louisiana attorney was retained for a $200 fee to help the client in a landlord-tenant matter. She received a settlement check for the benefit of the client of slightly over $4,200 but fled from Hurricane Katrina before it could be deposited. She cashed the check rather than deposit it in escrow. Her office was flooded and practice severely interrupted by the disaster. The attorney was relatively inexperienced, having been in solo practice for four months.
The Louisiana Supreme Court found that the violations were “largely negligent” and imposed a one-year suspension with six months probated. The client had not suffered any prejudice. A dissent agrees with the Attorney Disciplinary Board that the circumstances merit a fully-probated suspension, concluding that the hurricane and flooding were the reason that the misconduct occured and that further disruption of her previously unblemished legal career was the wrong response. I’d have to say that I agree. (Mike Frisch)