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In re Mann11/8/2004
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Lawrence A. Mann, an attorney licensed to practice law in Louisiana but currently on interim suspension.
UNDERLYING FACTS
During all times pertinent to these proceedings, respondent was a partner in the New Orleans law firm of Leake, Andersson & Mann, where his practice was concentrated primarily in the area of insurance defense. In 1996 or 1997, respondent and his law firm acquired a new client, ATC Leasing Company ("ATC"), a self-insured trucking company headquartered in Kenosha, Wisconsin. The company was referred to the firm by its claims manager, Bruce Bennett, with whom respondent has been friends for the last eleven years. In the fall of 2000, Mr. Bennett told respondent that he needed assistance and was in fear for his life because his gambling was out of control. Respondent's agreement to help Mr. Bennett led to his participation in four separate schemes involving ATC's settlement of fraudulent personal injury claims and payment for legal services that were not rendered. These payments totaled approximately $96,000, which was shared by respondent with Mr. Bennett and another participant in the scheme, all without the knowledge or consent of respondent's law firm or his client, ATC.
The Regional Counsel Scheme
Mr. Bennett suggested that respondent become "regional counsel" for ATC, with the understanding that checks for attorney's fees would be sent to respondent at his home (bypassing the Leake, Andersson & Mann law firm), deposited into his personal bank account, and then "kicked back" to Mr. Bennett. Respondent agreed to this scheme, and on Mr. Bennett's instructions, ATC paid respondent a total of $35,000 for serving as "regional counsel." While respondent would occasionally offer Mr. Bennett legal advice or perform some services as "regional counsel," the work he performed did not justify the $35,000 in fees paid to him by ATC. From these funds, respondent retained between $20,000 and $22,000 to cover any tax liability; he "kicked back" the balance to Mr. Bennett.
The Shannon Williams Claim
In November 2000, Mr. Bennett assigned respondent to investigate and defend the personal injury claim of Shannon Williams, stemming from an accident involving an ATC driver. After the file was opened, respondent determined that no suit was filed on behalf of Ms. Williams within one year of the date of the accident, and accordingly, he informed Mr. Bennett that Ms. Williams' personal injury claim was prescribed and that ATC had no exposure under Louisiana law. Nevertheless, Mr. Bennett proposed and respondent agreed to proceed as though Ms. Williams had a viable pending tort claim, so as to create an additional source of funds to be paid by ATC and "kicked back" to Mr. Bennett. Respondent subsequently "settled" Ms. Williams' fictitious claim for $39,000, created bogus correspondence, pleadings, and settlement documents to support the "file," and obtained a "settlement" check from Mr. Bennett drawn on the account of ATC. The check was delivered to Fritz Stoller, a New Orleans defense attorney whom respondent recruited to act as "counsel" for Ms. Williams. In December 2000, Mr. Stoller deposited the check into his "client trust account."
The Medical Lienholder Claim
Respondent successfully settled a legitimate tort claim against ATC for $10,000 less than the reserve established by Mr. Bennett. Thereafter, Mr. Bennett proposed and respondent agreed that the excess reserve would serve as an additional source of funds to be "kicked back" to Mr. Bennett. Respondent again enlisted Mr. Sto
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