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In re Comish12/13/2004
amounted to the practice of law. In support, it noted Mr. Matthews discussed legal issues with Mr. Caffey and Ms. Chaffers, both of whom were under the impression that Mr. Matthews is a lawyer, and respondent did nothing to correct this mistaken impression. The board observed that when a supervising lawyer abdicates his responsibility to such an extent that clients, counsel, and adjusters believe that they are dealing with a lawyer and inadequate measures are taken by the supervising attorney to correct the conduct and the false impressions, then the supervising lawyer has failed in his ethical obligations under Rules 5.3 and 5.5(b). Furthermore, respondent allowed Mr. Matthews to sign his name as notary, thereby enabling a disbarred lawyer to do that which he was specifically prohibited to do. The improperly notarized pleading was filed into a public record. The board concluded that such conduct violated Rule 8.4(d).
In Count III, the board noted respondent's stipulation that he allowed Mrs. Collins' legal matter to fall through the cracks. Respondent also admitted that he made a mistake when he failed to properly date the statutory will. Following Mrs. Collins' complaint, respondent assured the ODC that he would take action in the matter, but he failed to follow through. As of the date of the hearing, Mrs. Collins was still unsure whether respondent was representing her, nor did she know where her case stood, what her rights were, and what she could and should do. The board concluded these facts support a determination that respondent failed to act with diligence and competence and failed to adequately communicate with his client, in violation of Rules 1.1, 1.3, and 1.4.
The board found that respondent violated duties owed to his clients, to the legal system, and as a professional. It noted respondent's conduct in the Collins matter was negligent and caused actual harm to Mrs. Collins, while his conduct with respect to Mr. Matthews was knowing or intentional, and caused serious harm to a client, the public, or the profession. Considering all the facts and circumstances of this case, the board determined that a lengthy suspension is the appropriate baseline sanction.
In mitigation, the board emphasized respondent's lack of a prior disciplinary record since his admission in 1976 and his remorse. It also recognized his lack of a dishonest or selfish motive.
Considering these factors, the board recommended that respondent be suspended from the practice of law for three years, with all but one year and one day deferred. The board further recommended that respondent be assessed with all costs and expenses of these proceedings.
Both respondent and the ODC filed objections to the disciplinary board's recommendation. Accordingly, the case was docketed for oral argument pursuant to Supreme Court Rule XIX, § 11(G)(1)(b).
DISCUSSION
Bar disciplinary matters come within the original jurisdiction of this court. La. Const. art. V, § 5(B). Consequently, we act as triers of fact and conduct an independent review of the record to determine whether the alleged misconduct has been proven by clear and convincing evidence. In re: Quaid, 94-1316 (La. 11/30/94), 646 So. 2d 343; Louisiana State Bar Ass'n v. Boutall, 597 So. 2d 444 (La. 1992). Nonetheless, in cases involving credibility evaluations, we generally defer to the factual findings of the hearing committee members who act as the eyes and ears of this court. In re: Bolton, 02-0257 (La. 6/21/02), 820 So. 2d 548.
In Counts I and II, the record supports the conclusion that respondent violated the professional rules by failing to exercise sufficient supervisory oversight of Mr. Ma
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