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In re Callahan3/23/2001
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding involves numerous counts of misconduct arising from the filing of two sets of formal charges by the Office of Disciplinary Counsel ("ODC") against respondent, Michael D. Callahan, an attorney licensed to practice law in the State of Louisiana, but currently on interim suspension.
UNDERLYING FACTS
No. 98-DB-054
Count I
In April 1996, Stacey L. Benjamin retained respondent to represent her in a personal injury matter. Subsequently, respondent misrepresented the status of the case to his client. In October 1996, respondent settled the claim for $7,831 without the prior consent of his client and failed to place any of the proceeds in trust. Respondent issued a check to his client in the amount of $2,622 from his general banking account for her portion of the settlement funds, which was returned for insufficient funds. Moreover, respondent withheld a total of $2,262 from the settlement funds for payment of his client's medical expenses. Although respondent provided his client with copies of two checks purportedly issued on his general account representing payment to the health care providers, respondent did not issue the checks or disburse the funds. Rather, he closed the general banking account.
Subsequently, respondent failed to respond to the ODC's written requests for information regarding the allegations of professional misconduct, resulting in the issuance of a subpoena ordering his cooperation. While he complied with the subpoena compelling his appearance at a scheduled deposition, he failed to produce requested settlement documents and financial records. At some point, respondent eventually paid Ms. Benjamin her portion of the settlement proceeds.
Count II
In September 1994, Kenneth Ford retained respondent to pursue a legal malpractice claim. Respondent failed to pursue the matter, and the claim prescribed.
Subsequently, respondent failed to respond to the ODC's written request for him to supplement his original answer to the allegations of professional misconduct, which resulted in the issuance of a subpoena ordering his cooperation. At respondent's request, the subpoena was reissued twice. Thereafter, he neglected to appear for his scheduled deposition.
Count III
In July 1996, Betty Ann Dorsey and her son retained respondent to represent them in a personal injury matter. The defendant in the personal injury matter agreed to settle the matter and in September 1996, the defendant forwarded checks to respondent for the bodily injury claims of Ms. Dorsey and her son in the amount of $2,151.84 and $1,269.41, respectively, and for property damages in the amount of $371.50. Upon receipt of the settlement funds, respondent deposited the funds into his general bank account rather than into a trust account. Respondent withheld a total of $1,413.33 in medical expenses from the bodily injury settlements, but failed to pay the third party medical providers. Additionally, respondent did not provide his clients with an accounting for the settlement proceeds or disbursement.
Subsequently, respondent refused to respond to the ODC's written requests for information regarding the allegations of professional misconduct, which resulted in the issuance of a subpoena ordering his cooperation. While he complied with a subpoena compelling his appearance at a scheduled deposition, he did not produce requested settlement documents and financial records.
Count IV
In December 1996, Mildred Lavalais retained respondent to represent her in a personal injury matter. The foll
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