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In re Callahan3/23/2001
or legal proceedings.
All of these elements are present in the instant case. Respondent's actions plainly indicate he acted in bad faith and intended a result inconsistent with his clients' interests. His actions caused actual damage to his client, as well as causing them expense and inconvenience, because they were deprived of the funds owed to them personally and to their medical providers. Respondent has made no serious efforts at restitution, other than paying Ms. Benjamin her funds after the disciplinary proceedings had been instituted.
While the conversion charges alone would probably support disbarrment, we find there are other equally disturbing professional violations. Respondent's execution of a fraudulent waiver of service in connection with Mr. Williams' divorce proceedings indicates a serious lack of moral fitness on his part. Likewise, his numerous misrepresentations to his clients and his decision to close his office, with no notice whatsoever to his clients, shows a shocking disregard for the welfare of his clients.
As aggravating factors, we recognize respondent's dishonest or selfish motive, pattern of misconduct, multiple offenses, bad faith obstruction of the disciplinary proceedings, substantial experience in the practice of law and obvious indifference to making restitution. The sole mitigating factor is respondent's lack of a prior disciplinary record. Under these circumstances, we see no reason to deviate from the baseline sanction of disbarrment.
Accordingly, we will accept the recommendation of the disciplinary board, and disbar respondent from the practice of law.
DECREE
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and the record filed herein, it is the decision of the court that the disciplinary board's recommendation be adopted.
Accordingly, it is ordered that the name of Michael D. Callahan be stricken from the rolls of attorneys and that his license to practice law in the State of Louisiana be revoked. Respondent is ordered to provide an accounting to his clients and make full restitution. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX, ยง10.1, with legal interest commencing thirty days from the date from the finality of the court's judgment until paid.
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