Now It’s Forever

An attorney who was admitted on conditions in 2006 and disbarred for misconduct in 2018 has now been permanently disbarred by the Louisiana Supreme Court

Respondent has intentionally failed to remit or refund a significant amount of client funds and unearned fees, essentially converting approximately $27,000 to his own use and causing those clients actual harm. Had we been aware of the instant misconduct at the time of Burkart I, we would have permanently disbarred respondent.

Disbarment one

On November 5, 2018, we disbarred respondent for neglecting legal matters, failing to communicate with clients, failing to refund unearned fees, failing to return client files, mishandling his trust account, resulting in a $3,721.71 negative balance, and failing to cooperate with the ODC in its investigations. All of this misconduct occurred between 2009 and 2016.

Here there was misconduct in 2013 in a civil case

Thereafter, all communication stopped, and when Mr. McIntosh contacted respondent’s office, respondent’s staff told him that respondent was in a drug rehabilitation facility and would no longer be able to represent him. According to Mr. McIntosh, he requested a refund of his remaining retainer fee, which he approximated to be $2,500, but respondent’s staff told him to contact the Louisiana State Bar Association.

An accident case client had her case dismissed.

And

On December 31, 2015, respondent was arrested for stalking and harassing his ex-girlfriend. Respondent’s ex-girlfriend had previously filed reports of similar conduct by respondent, but warnings from the police did not hinder his efforts to follow her. As such, she pressed charges against him.

On September 14, 2017, respondent pleaded guilty to a lesser charge of telephone communication harassment. Respondent was sentenced to serve six months in jail, which sentence was suspended. He was also placed on probation for two years, with the conditions that he submit to random drug testing, seek a mental health evaluation, and have no contact with his ex-girlfriend.

On May 8, 2017, the ODC received notice of respondent’s arrest from the 22nd Judicial District Attorney’s Office. The ODC sent respondent notice of the  complaint via certified mail on May 11, 2017, but the notice was returned on May 18, 2017. Respondent failed to respond to the complaint.

(Mike Frisch)