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In re Naquin12/15/2000
This disciplinary matter arises from a petition for consent discipline filed by respondent, Lester J. Naquin, III, following the institution of formal charges by the Office of Disciplinary Counsel ("ODC"). The ODC concurred in respondent's petition, and the disciplinary board recommended the proposed consent discipline be accepted.
UNDERLYING FACTS
On April 12, 1999, Keith Segura was killed in an industrial boating accident in Terrebonne Parish. Mr. Segura was survived by his wife, Jayne, and the couple's daughter, who was then two years old. Following her husband's death, Mrs. Segura contacted the family's attorney, Warren Perrin of Lafayette, for advice. On April 21, 1999, Mrs. Segura formally retained Mr. Perrin to represent her in a wrongful death action.
On April 22, 1999, Mrs. Segura was contacted at her home by an unknown and unfamiliar man who identified himself as Samuel Small. Mr. Small represented himself to be an investigator working for respondent. According to Mr. Small, respondent had already conducted an extensive investigation into Mr. Segura's death, had secured confidential photographs through a special contact with the Department of Wildlife & Fisheries, and had also secured a confidential videotape with statements from company employees allegedly responsible for Mr. Segura's death. To further entice Mrs. Segura, Mr. Small explained to her that one had to be "in the clique" to get anything accomplished in Terrebonne Parish. Mr. Small represented that he and respondent had those special types of relationships which could inure to Mrs. Segura's benefit if she retained respondent. Mr. Small then asked Mrs. Segura if he could meet with her to discuss respondent's undertaking her representation. When Mrs. Segura declined, explaining that she was already represented by counsel, Mr. Small informed Mrs. Segura that she should discharge her current attorney and retain respondent because he had already investigated the case and because he "knew all the judges." Mr. Small further informed Mrs. Segura that she "needed an attorney from the area" where the accident occurred because "politics had a lot to do with it" and that giving special attention to judges often prompted them "to sometimes do favors for you."
On April 30, 1999, Mr. Small again contacted Mrs. Segura. Notwithstanding that Mrs. Segura had already informed Mr. Small that she was represented by counsel, Mr. Small indicated that he had spoken with respondent and that respondent wanted to meet with Mrs. Segura the following day. On May 1, 1999, Mr. Small, his wife, and respondent appeared at Mrs. Segura's home. During the meeting, respondent overtly solicited Mrs. Segura's wrongful death claim, which he contended would be "a slam dunk." He also indicated that he had a "girl in the Clerk's Office" who would ensure that all the cases he designated would be specially assigned to "his judge." The "girl in the Clerk's Office" was later identified as Jill Junot, a deputy clerk of court for the 32nd Judicial District Court for the Parish of Terrebonne. Respondent further asserted that "his judge" would award Mrs. Segura and her daughter a "wheelbarrow full of money" in the wrongful death action because the judge was "sympathetic to the small person and not in cahoots with insurance companies or oil companies." Respondent showed Mrs. Segura a retainer agreement, which he asked her to review and execute, and showed her a blank check, which he offered to fill in and sign if she would agree to retain him.
On May 6, 1999, Mr. Small once again contacted Mrs. Segura. During the conversation, which Mrs. Segura tape recorded, Mr. Small indicated that contact had already been made with respon
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