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In re Watley12/7/2001
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter stems from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondents, Billy Gene Watley and Amy E. Watley, attorneys licensed to practice law in Louisiana but who are currently ineligible to practice.
UNDERLYING FACTS
In 1998, respondents entered into an agreement with "We the People" Paralegal Services, LLC ("WTP"), whereby WTP would provide paralegal and secretarial services to respondents' law firm. Under the agreement, respondents agreed to pay WTP forty percent (40%) of the attorney's fees respondents earned on personal injury cases, and pay WTP sixty percent (60%) of attorney's fees respondents earned on cases WTP referred to them. For cases other than personal injury cases, WTP would receive $10 per hour for the time its staff worked on the case.
Pursuant to the agreement, respondents paid WTP forty percent of their attorney's fee in two cases, but did not pay WTP in approximately seventeen cases. As a result, WTP filed suit against respondents for breach of contract. The ODC apparently learned of respondents' arrangement with WTP from that suit and commenced an investigation to determine whether respondents were engaged in a fee-splitting arrangement with non-lawyers.
DISCIPLINARY PROCEEDINGS
Formal Charges
After investigation, the ODC filed one count of formal charges against each of the respondents alleging their misconduct violated Rules 5.1(a) (failure of firm partner to ensure firm attorneys conform to professional rules), 5.2(a) (subordinate lawyer's failure to comply with professional rules despite directions to the contrary by another attorney), 5.3 (failure to properly supervise non-lawyer assistants), 5.4(a) (fee sharing with a non-lawyer), 5.4(b) (forming a legal partnership with a non-lawyer), 5.5(b) (assisting a nonmember of the bar to engage in the unauthorized practice of law), 8.4(a) (violating the Rules of Professional Conduct), 8.4(b) (commission of a criminal act adversely reflecting on a lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, or misrepresentation) and 8.4(d) (engaging in conduct prejudicial to the administration of justice) of the Rules of Professional Conduct. Respondents filed a joint answer, essentially denying any misconduct on their parts.
Formal Hearing
A formal hearing before the hearing committee was conducted, but respondents failed to appear. The ODC presented documentary evidence, live testimony and a hearing transcript from the civil case.
One of the witnesses presented by the ODC was Tammy Kyson, a founding member and former vice-president of WTP. Ms. Kyson testified that she was present at the meeting where respondents proposed the fee sharing agreement to WTP. She stated WTP accepted the terms of the agreement and performed services pursuant to it.
Ronald E. White, an expert audit consultant to the ODC and Louisiana State Bar Association with forty years experience, testified he reviewed respondents' financial records and concluded that only two checks were of sufficient size to warrant his investigation with regard to fee sharing. Mr. White testified that check number 2025 made payable to WTP from respondents' firm account in the amount of $2,977.21 represented exactly forty percent (40%) of the $7,168.02 fee received by respondents in connection with the personal injury matters of Deanna Strasky and her two minor children, plus $110 as expenses. He also noted that the check was dated one day after the settlement statements were prepared
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