The Night Before

A Louisiana Hearing Committee recommends a suspension of a year and a day

the Committee finds that there was not clear and convincing evidence that Respondent violated the Rules for Professional Conduct in the manner in which he assisted Mr. Harmon in the repair of his home following the resolution of the homeowner’s insurance claim. However, Respondent has admitted  trust account violations with respect to the handling of Mr. Harmon’s settlement proceeds (Rule 1.15) which primarily related to the payment of work done on Mr. Harmon’s home after the settlement. The Committee did find that there was clear and convincing evidence that Respondent overcharged Mr. Harmon for the work he performed in asserting the homeowner’s insurance claim, the Committee specifically referring to Respondent Exhibit 11 and the testimony of Respondent at the Hearing.

The Committee was particularly troubled in the lack of candor and cooperation extended by Respondent to the ODC and its investigator once the Complaint herein was filed. There was clear and convincing evidence that the Respondent attempted to avoid service, misrepresented himself to the ODC’s investigator, did not produce essential documents and his file to the ODC, and was not particularly candid to the Committee at the Hearing. The Committee found that Respondent was not credible in his explanation regarding his original file being stolen the evening before he was scheduled to produce the same to the ODC.

In the process of responding to the bar complaint

Respondent requested a third extension of time in which to respond to the initial Complaint because he claimed he was a victim of a vehicle burglary which included theft of his laptop where his written response was stored. To substantiate this claim, Respondent provided a copy of a “Voluntary Statement” which he claimed to have made to the Church Point Police Department. ODC Investigator Harrison was tasked with traveling to Church Point Police Department to verify the information provided to the ODC by Respondent. ODC Investigator Harrison spoke to Captain McBride at the Church Point Police Department who noted that the “Voluntary Statement” contained no Complaint number, contained no description of the vehicle, and noted the address at which the alleged vehicle burglary occurred is outside the jurisdiction of the Church Point Police Department. The alleged vehicle burglary occurred within the jurisdiction of the Acadia Parish Sheriff’s Office. Captain McBride also noted there was no record in the Church Point Police Department’s system of a Complaint made of a vehicle burglary on September 28, 2017 or September 29, 2017. The Church Point Police Department had no record of a Complaint number, no Voluntary Statement from Respondent, no record of receiving a statement from Respondent, and no record of any complaint made by Respondent. Captain McBride did not recognize the signature on the “Voluntary Statement.” Captain McBride reported that the Church Point Police Department is a very small police department, and the only officer on duty on the date of the “Voluntary Statement” Respondent provided to the ODC as proof that he was the victim of vehicle burglary was Officer Shane Grundstrom. Investigator Harrison contacted Officer Grundstrom who informed Investigator Harrison that he had no knowledge of the Respondent’s alleged vehicle burglary, no record or recollection of such a complaint, or of taking such a statement.

(Mike Frisch)