You Wish!!!

A majority (the two attorneys) of a Louisiana Hearing Committee has recommended a fully-deferred three month suspension of an attorney who sued a number of law firms who had represented his client in connection with litigation in federal court that grew out of a 1995 explosion of a chemical plant in Bogalusa, Louisiana. The majority rejected a number of charges relaing to disobeying court orders and vexatious litigation.

After judgment was entered in the underlying litigation and his client was awarded attorneys’ fees and costs, the attorney e-mailed opposing counsel that he would not provide his firm’s statement, “At least, not until the next trial.” Counsel responded: “in light of the rulings and verdict, haven’t we had our last trial?” Rejoinder:

You Wish!!! No, I plan to make your firm a lot a money, not to mention mine. As long as they pay you sooner than my client. See you at the 5th–I hope you have that appeal bond ready.

The majority rejected charges based on the e-mail, as well as a number of other alleged rule violations. 

The federal court had imposed sanctions of over $27,000 in attorneys’ fees and costs against the respondent.

The lay member dissented (Bravo for not rubber-stamping the conclusions of the lawyers) and would find a number of additional violations.

He opines

The use of the word “vexation” to me means a lot, looking up the definition of this word is: the act of harassing. The use of the word “vex” one finds in its defintion: to agitate, to bring trouble, distress. So I do hope that the Disciplinary Board will find that respondent did violate the rules stated by Disciplinary Counsel.

The lay member would impose a period of actual suspension of a year and a day. (Mike Frisch)