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In re Sabludowsky6/16/2000
June 16,2000 - See News Release #41
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Meyer Sabludowsky, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
98-DB-073
Respondent represented Helen Barrow in a personal injury case that settled for $8,645.45. On January 29, 1996, respondent deposited the settlement check into his trust account. The following day, respondent accounted for the settlement to his client and retained the sum of $1,727 to pay Uptown Physical Medicine and Rehabilitation, a third-party medical provider. However, respondent did not pay the medical provider until February 24, 1997. The ODC also alleges that between July 31, 1996 and August 15, 1996, and between August 21, 1996 and February 23, 1997, the balance in respondent's trust account fell below the amount with which he had been entrusted to pay the medical provider.
99-DB-111
Count I
Respondent represented Keyauka Payne in a personal injury case that settled for $6,148.75. Respondent also represented Theresa Payne in the same matter, and her case settled for $6,374.25. In November 1995, respondent accounted for the settlements to his clients and retained the sums of $1,634 (Keyauka Payne) and $1,756 (Theresa Payne) to pay Uptown Physical Medicine and Rehabilitation, a third-party medical provider. However, respondent did not pay the medical provider until October 24, 1997. The ODC also alleges that between November 10, 1995 and October 24, 1997, the balance in respondent's trust account fell below the amount with which he had been entrusted to pay the medical provider.
Count II
Respondent represented Paula Mercante in a personal injury case that settled for $1,500. In September 1996, respondent accounted for the settlement to his client and retained the sum of $819 to pay Uptown Physical Medicine and Rehabilitation, a third-party medical provider. However, respondent did not pay the medical provider until November 1, 1997. The ODC also alleges that between September 11, 1996 and November 1, 1997, the balance in respondent's trust account fell below the amount with which he had been entrusted to pay the medical provider.
Respondent's conduct in both sets of formal charges is alleged to violate Rules 1.3 (lack of diligence), 1.15 (safekeeping property of a client or third person), 8.4(a) (violation of the Rules of Professional Conduct), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Rules of Professional Conduct.
DISCIPLINARY PROCEEDINGS
Following its investigation, the ODC filed formal charges against respondent in 98-DB-073. Respondent answered the formal charges and admitted the factual matters set forth therein, but denied any intentional misconduct. The matter proceeded to a hearing before the hearing committee, which submitted its report to the disciplinary board. However, in the interim between submission of the matter to the disciplinary board and the issuance of the board's recommendation, the ODC filed a second set of formal charges against respondent in 99-DB-111. Upon joint motion of the parties, this court ordered the disciplinary board to issue a single recommendation of discipline in connection with both sets of formal charges. Thereafter, respondent and the ODC entered into a joint stipulation of facts in 99-DB-111, and the two matters were consolidated and presented to the disciplinary board for oral argument.
Disciplinary Board Recommendation
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