Unpaid Judgment Avoidance Draws Reciprocal Reprimand
A reciprocal public censure has been imposed by the Louisiana Supreme Court based on a sanction imposed by the Connecticut Statewide Grievance Committee
Respondent, as the sole member of Lovejoy & Associates, LLC (“Lovejoy & Associates”), utilized the reporting services of Computer Reporting Service, LLC (“CRS”) for depositions taken on June 24, 2010, August 20, 2010, and August 23, 2010. CRS performed the requested services, but the bills were not paid. CRS filed suit against respondent and Lovejoy & Associates. Respondent represented Lovejoy & Associates in the litigation, and Lovejoy & Associates represented respondent. The parties went to trial in Superior Court, where CRS obtained a judgment against respondent personally and against Lovejoy & Associates. On appeal, the Connecticut Appellate Court found that respondent was not acting in his individual capacity but as a member of Lovejoy & Associates, a limited liability company, and therefore was not personally liable for the CRS debt. However, the trial court judgment was affirmed as to the liability of Lovejoy & Associates.
Seven days after this decision, respondent registered Lovejoy Law Firm, LLC (“Lovejoy Law Firm”) with the Secretary of State. Respondent is the sole member of Lovejoy Law Firm, which has the same last address of Lovejoy & Associates. By the end of August 2016, Lovejoy & Associates ceased to be operating. However, as of April 2018, the business status of Lovejoy & Associates was active with the Secretary of State. Lovejoy & Associates has not paid the civil judgment.
On December 14, 2018, the Statewide Grievance Committee for the State of Connecticut publicly reprimanded respondent for violating Rules 3.4(3) (knowingly disobeying an obligation under the rules of a tribunal) and 4.4(a) (in representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person) of the Connecticut Rules of Professional Conduct.
The court found that the same sanction was the appropriate discipline. (Mike Frisch)