A Louisiana Hearing Committee has found that an attorney did not violate the rules charged in a disciplinary matter

The Committee found that Gloria Dileo and Kenneth Floyd retained Jason Asbill in 2021 to handle a succession of the clients’ relative in the 24th Judicial District Court. The representation was for an hourly amount with a certain upfront payment amount required at the time of engagement. Once Jason Asbill became involved, he determined that the two clients were not in agreement as to how to manage the primary property of the estate which was a house in Jefferson Parish. The house was subject to ongoing administrative hearings and penalties due to the condition of the property. Some hearings occurred during the timeframe of Mr. Asbill’s representation.

On March 22, 2022, Mr. Asbill informed both clients that he must withdraw his representation because he could not simultaneously represent both clients because the interests of the clients were not in agreement. Mr. Asbill subsequently withdrew from the Succession in the 24th JDC. Mr. Asbill and the two clients agreed upon a refund for the clients in the amount of $1,315.00.

The Committee considered numerous factors in making a determination that no Rules of Professional Conduct were violated. There are two primary elements of the complaints against the Respondent. The first grievance of the Complainants is that Joseph Dileo made repeated attempts to notify Mr. Asbill that there were impending administrative hearings pertaining to the property of the succession and that Mr. Asbill did not respond and did not attend these hearings. The second element is that Mr. Asbill delayed several months before providing the clients with the agreed upon refund for services not yet rendered.

Regarding the first element, the ODC did not introduce documentary evidence such as missed calls or emails to establish that the Complainants attempted to reach Mr. Asbill ahead of the hearings. There was no evidence introduced that the Complainants informed Mr. Asbill that there were ongoing administrative hearings and penalties on the property when the Complainants retained Mr. Asbill. The engagement letter does not include the administrative hearings and penalties pertaining to the property in the scope of representation by Mr. Asbill. The Committee therefore determined that there was insufficient evidence to establish neglect on the part of Mr. Asbill for failing to attend the administrative hearings for the property during the representation.

Regarding the second element, there was indeed a time lapse of several months from when the parties mutually agreed upon a refund amount and when Mr. Asbill finally provided the refund payment. While the Committee feels that the Complainant should have provided the payment sooner, the Committee also finds there were reasonable grounds for the delay. The primary reasonable justification is that the two clients had conflicting interests and Mr. Asbill wanted to ensure that neither client would be dissatisfied with the refund payment which might prolong the conflict between attorney and clients.