Rule Number One

Rule Number One for any attorney who is the subject of a bar complaint: respond and participate in any and all proceedings.

This lesson is apparent in a recent Louisiana disciplinary matter in which a hearing committee recommends permanent disbarment of an attorney for a single instance of neglect, misrepresentation and failure to return an unearned fee exacerbated by total non-participation in the bar proceedings.

The underlying matter involved a filiation claim

Howard Austin died on April 29, 2015, and [client] Auzenne sought representation to establish filiation. On February 19, 2015, Auzenne signed a contractual agreement for legal representation by Respondent and provided Respondent with a money order (No. 103603), dated February 19, 2015, in the amount of $2,000. The fee agreement set forth a $175 hourly rate for attorney fees, as well as the requirement that Auzenne provide a $2,000 deposit. There is no indication that this advance deposit against fees to be earned was placed in Respondent’s client trust account. Auzenne advised Respondent that time was of the essence, and Respondent told Auzenne that the petition would be filed within one week of receipt of DNA test results.

Auzenne submitted a sample for the needed DNA test, but the test had to be re-done. A second sample was submitted, and the DNA test results were in by March 10, 2015. Auzenne called and texted Respondent for four days before receiving a reply. When Respondent contacted Auzenne, she assured him that the petition would be filed no later than Monday, March 16, 2015; however, the petition was not filed.

Because time was of the essence, Auzenne hired attorney Arthur Boudreaux to do the work for which Respondent originally was hired. Auzenne called Respondent and advised Respondent that her services no longer were needed. Auzenne asked Respondent to provide him with an accounting and to return his unearned fee. Respondent told Auzenne that she had filed the petition for filiation, but had failed to submit the necessary filing fee.

In many if not most jurisdictions, a cooperating attorney with a remorseful attitude probably would not get suspended for like misconduct. (Mike Frisch)