 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Comish12/13/2004
tthews. Respondent's obligations concerning his non-lawyer assistant are set forth in Rule 5.3, which directs the supervising attorney to determine that the non-lawyer's "conduct is compatible with the professional obligations of the lawyer," and Rule 5.5(b), which prohibits the lawyer from assisting a person who is not a member of the bar in any activity which constitutes the unauthorized practice of law. These rules recognize that lawyers generally employ non-lawyers in their practice, including secretaries, investigators, clerks, and paralegals, and that such individuals assist the lawyer in the efficient rendition of the lawyer's professional services. See Comments to ABA Model Rule 5.3. However, a lawyer is completely responsible for the work product of his non-lawyer assistants and must give the assistants appropriate instruction and supervision concerning the ethical aspects of their employment. Id. While appropriate delegation of tasks to non-lawyer assistants is allowed and encouraged, a lawyer may never permit non-lawyer assistants to engage in activities that constitute the practice of law or to hold themselves out as lawyers. Charles W. Wolfram, Modern Legal Ethics 892-95 (1986). The key to appropriate delegation is proper supervision by the lawyer, which includes adequate instruction when assigning projects, monitoring of the progress of the project, and review of the completed project. It is the lawyer's responsibility to see that his non-lawyer employees understand these limitations.
Applying these principles to the instant matter, there is little doubt that respondent failed to adequately supervise Mr. Matthews. The record demonstrates that respondent gave Mr. Matthews a free hand to meet with clients, handle legal fees, correspond with attorneys and insurance adjusters, render legal opinions, and negotiate settlements. Unquestionably, the evidence in the record in support of Counts I and II proves in a clear and convincing fashion that respondent violated Rules 5.3 and 5.5(b). Furthermore, respondent engaged in conduct prejudicial to the administration of justice when he permitted a legal pleading to be "notarized" with his "signature" by Mr. Matthews, then filed into the public record.
Turning to Count III, the hearing committee made a factual finding that Mrs. Collins was credible when she testified she had difficulties in communicating with respondent and in determining the status of the legal matter involving her husband's will. This credibility determination by the committee is not manifestly erroneous. Through this testimony, we conclude the ODC proved by clear and convincing evidence that respondent failed to act with competence and diligence, failed to diligently proceed with Mrs. Collins' case, and failed to adequately communicate with Mrs. Collins, in violation of Rules 1.1(a), 1.3, and 1.4 of the Rules of Professional Conduct.
Having found professional misconduct, we now turn to a discussion of an appropriate sanction. In considering that issue, we are mindful that the purpose of disciplinary proceedings is not primarily to punish the lawyer, but rather to maintain the appropriate standards of professional conduct, to preserve the integrity of the legal profession, and to deter other lawyers from engaging in violations of the standards of the profession. In re: Vaughan, 00-1892 (La. 10/27/00), 772 So. 2d 87; In re: Lain, 00-0148 (La. 5/26/00), 760 So. 2d 1152; Louisiana State Bar Ass'n v. Levy, 400 So. 2d 1355 (La. 1981). The discipline to be imposed depends upon the facts of each case and the seriousness of the offenses involved, considered in light of any aggravating and mitigating circumstances. In re: Redd, 95-1472 (La. 9/15/95), 660 So. 2d 839; Louisiana
Page 1 2 3 4 5 6 7 8 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|