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In re Comish12/13/2004
This disciplinary matter arises from three counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John B. Comish, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
Count I
In 1996, respondent hired Michael Matthews, a disbarred Louisiana attorney, to work in his law office as a paralegal. Sometime thereafter, respondent's aunt, June White, retained respondent to handle the succession of her deceased husband, Ralph White.
In November 1996, Mr. Matthews went to Mrs. White's home in Alexandria to pick up a check for legal fees. Mrs. White's $8,000 check was made payable to Mr. Matthews; the memo on the check indicated that it was for "lawyer fees." With the consent of respondent, who was out of town at the time, Mr. Matthews deposited the check into his personal account and kept approximately $2,400 for his own use.
Mr. Matthews then wrote a check to respondent for the balance of the sum paid by Mrs. White.
Mr. Matthews subsequently filed the pleadings to open Ralph White's succession. Succession of White, No. 29,704 on the docket of the 9th Judicial District Court for the Parish of Rapides. Mr. Matthews signed respondent's name as notary on one of these pleadings, the oath of the administrator, which had been executed by Mrs. White's son. Respondent gave Mr. Matthews permission to notarize the document with his signature.
Count II
In 1997, Malik Ihsan retained respondent to represent him in a personal injury matter stemming from a slip and fall accident. Respondent admitted that with his permission, Mr. Matthews negotiated settlements directly with insurance adjusters, including Ms. Cigale Chaffers, the adjuster handling Mr. Ihsan's claim.
Count III
In 1992, respondent prepared a will for James Collins. When Mr. Collins died in July 1997, his widow, Betty, discovered that the will was invalid because respondent had failed to date it. Mrs. Collins paid respondent $750 to probate the defective will. In July 1999, Mrs. Collins complained to the ODC that she was having difficulty reaching respondent. In February 2000, respondent filed a petition to probate the will, but it was rejected by the trial court because the will was undated. In April 2000, respondent refunded $750 to Mrs. Collins at her request. Respondent admitted that he allowed Mrs. Collins' legal matter to "fall through the cracks," and he expressed remorse for his conduct.
DISCIPLINARY PROCEEDINGS
Formal Charges
After investigation, the ODC filed three counts of formal charges against respondent. In Count I, it alleged respondent's actions violated Rules 5.3 (responsibilities regarding non-lawyer assistants), 5.5(b) (assisting a person who is not a member of the bar in the performance of an activity that constitutes the unauthorized practice of law), and 8.4(d) (engaging in conduct prejudicial to the administration of justice) of the Rules of Professional Conduct. In Count II, it alleged respondent's actions violated Rules 5.3 and 5.5(b). Finally, in Count III, it alleged that his conduct constituted a violation of Rules 1.1 (failure to provide competent representation to a client), 1.3 (failure to act with reasonable diligence and promptness in representing a client), and 1.4 (failure to communicate with a client).
Respondent answered the formal charges. Although he generally admitted the factual allegations of the charges, he denied engaging in any knowing misconduct.
Formal Hearing
This matter proceeded to a formal hearing before the hearing committee, at which time the p
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