An Unhappy Client

An attorney who had charged, failed to earn and did not timely refund a $1.500 fee should be subject to a partially-stayed six-month suspension, according to a recommendation of the Louisiana Attorney Disciplinary Board.

Hearing Committee findings

The committee finds that Mr. Walker presented credible testimony regarding the events surrounding Respondent’s representation. He candidly admitted that his recollection of some of the facts is cloudy. It is evident that Mr. Walker was deeply dissatisfied with the level of representation he received. He was very unhappy with the inordinate delay in refunding his fee. There is no dispute regarding the timing of Mr. Walker’s fee; he only got his money back after he demanded it, filed suit, obtained a judgment, and filed a disciplinary complaint. Nothing short of the stern warning from Mr. Wilson during Respondent’s sworn statement convinced her that this was a serious matter. In the meantime, Mr. Walker, a retired, disabled veteran, had to wait three and a half years for a refund.

Proposed sanction

Considering all of the above, the Committee’s recommended sanction of a six-month suspension with three months deferred appears to be reasonable. The Board finds that the facts and circumstances presented here are most similar to those presented in the Donald and Barry cases. The misconduct here is more egregious than that in Donald because Respondent here continued to ignore her obligation to return the unearned fee even after acknowledging that the refund was owed and after Complainant had obtained a civil judgment against her. However, Respondent’s misconduct in this matter was less egregious than that in Barry in that Mr. Barry’s misconduct included making false statements of material fact in a disciplinary proceeding and failing to cooperate with ODC which violations are not present here. The Board concludes that the Committee’s recommendation of an active suspension period is appropriate particularly because Respondent ignored the civil court judgment, did not participate in the disciplinary hearing, did not file a brief to the Board or engage in any communication with the Board until close of business the day before oral argument, and did not appear for the scheduled oral argument.

(Mike Frisch)