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In re Comish12/13/2004
arties submitted joint stipulations of fact. The ODC presented the testimony of four witnesses: Betty Collins, the complainant in Count III of the formal charges; Andrew Caffey, a Maryland attorney who corresponded with Mr. Matthews in connection with the White matter subject of Count I of the formal charges; Cigale Chaffers, the insurance adjuster who corresponded with Mr. Matthews in connection with the Ihsan personal injury matter subject of Count II of the formal charges; and Mr. Matthews. Respondent testified on his own behalf and on cross-examination by the ODC. He also called his former secretary, Amanda Hall, to testify before the committee.
The ODC submitted a binder of documentary evidence in further support of the formal charges, including correspondence between Mr. Matthews and Mr. Caffey relating to the White matter. Three letters from Mr. Caffey are addressed to Mr. Matthews as "Attorney" or "Attorney at Law." A letter dated July 7, 1997 and signed "Sincerely yours, Michael J. Matthews," is written on the letterhead of respondent's law firm, John B. Comish and Associates/Attorneys at Law * Notaries Public. Mr. Matthews did not designate himself as a paralegal or otherwise indicate that he is not an attorney licensed to practice law in Louisiana. Moreover, in this letter, Mr. Matthews advised Mr. Caffey on the requirements of Louisiana succession law.
Mr. Caffey testified that he represented Logan Farms, Inc. in connection with a Honey Glazed Ham Store franchise owned by Mr. Ralph White prior to his death. After Mr. White died, his son, Steven, assumed the operation of the business. Logan Farms gave Mr. Caffey Mr. Matthews' name as the lawyer handling Mr. White's succession. Mr. Caffey spoke with Mr. Matthews by telephone on May 22, 1997 to discuss with him the transfer of the ham store franchise to Steven White. At the time of this call, Mr. Caffey was under the impression that Mr. Matthews was an attorney. As a follow-up to the telephone conversation, Mr. Caffey wrote a letter on May 23, 1997 addressed to "Mr. Michael Matthews, Attorney." Mr. Caffey testified that he corresponded with Mr. Matthews for nearly two months in an effort to resolve the ownership of the franchise, but Mr. Matthews never corrected Mr. Caffey's mistaken impression that he is a lawyer. In early July 1997, a third party suggested to Mr. Caffey that Mr. Matthews might not be an attorney. Thereafter, Mr. Caffey asked Mr. Matthews in a telephone conversation on July 7, 1997 whether he is a practicing attorney. Mr. Matthews said that he was.
The record also contains correspondence between Ms. Chaffers and Mr. Matthews concerning the Ihsan personal injury matter. Like the correspondence from Mr. Caffey, two letters from Ms. Chaffers are addressed to "Michael J. Matthews, Attorney at Law." Mr. Matthews wrote four letters to Ms. Chaffers on the letterhead of respondent's law firm and signed them "Sincerely yours, Michael J. Matthews." Once again, Mr. Matthews did not designate himself as a paralegal or otherwise indicate that he is not an attorney. Moreover, in his letter dated December 4, 1997, Mr. Matthews offered to settle Mr. Ihsan's personal injury claim for $7,500 plus medical expenses.
Ms. Chaffers testified at the hearing that she was employed as an adjuster for Commercial Union Insurance Company for seventeen years. In that capacity, Ms. Chaffers handled the personal injury claim asserted by Mr. Ihsan against Commercial Union's insured, Blue Ribbon Supermarket. In May 1997, Mr. Ihsan informed Ms. Chaffers that he had retained respondent to represent him. On June 3, 1997, Ms. Chaffers received correspondence from Mr. Matthews on the letterhead of respondent's law firm advising that "
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