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In re Beard6/16/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from three sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Orscini L. Beard.
UNDERLYING FACTS
96-DB-084
On May 9, 1996, Jacqueline Fay Grinner filed a complaint against respondent with the ODC. The ODC sent a copy of the complaint to respondent by certified mail Respondent failed to reply to the complaint. As a result, the ODC subpoenaed him to appear on September 11, 1996 and to produce his file and financial records in the Grinner matter. Respondent was personally served with the subpoena, but he failed to appear on the scheduled date.
98-DB-012
Pamela Hynson McDonald retained respondent in 1986 to handle a personal injury matter on her minor daughter's behalf. Respondent settled the case for $21,500 and, after deducting his attorney's fee, court costs, and medical expenses, retained the sum of $11,388.37 for deposit in a separate, federally insured interest-bearing bank account in the minor's name, where it was to remain pending further orders of the court. Respondent refused to account for these funds to his client, and converted the funds to his own use. Moreover, respondent failed to maintain complete records of the sums he held on his client's behalf for a period of five years following termination of the representation.
98-DB-031
Count I
In November 1996, James and Gloria Thomas paid respondent $250 to handle a bond reduction matter on their son's behalf. Respondent performed no legal services in connection with the representation, failed to communicate with his client, and failed to account for the fee Mr. and Mrs. Thomas paid or to return the unearned portion of the fee. Additionally, respondent failed to cooperate in the investigation of a complaint filed by Mr. and Mrs. Thomas.
Count II
On November 13, 1996, the East Baton Rouge Parish Grand Jury returned an indictment charging respondent with two counts of theft of a value greater than $100 but less than $500, a violation of La. R.S. 14:67. State v. Beard, No. 11-96-198 on the docket of the Nineteenth Judicial District Court for the Parish of East Baton Rouge. Respondent pleaded guilty to one count of the indictment, and the remaining count was dismissed on the State's motion. Thereafter, respondent was sentenced to two years at hard labor, suspended, conditioned upon two years of active, supervised probation with special conditions.
DISCIPLINARY PROCEEDINGS
Formal Charges
Following an investigation, the ODC instituted formal charges against respondent, asserting numerous violations of the Rules of Professional Conduct. After consolidation of the three sets of formal charges, the matter was submitted to a hearing committee.
Hearing Committee Recommendation At the outset, the hearing committee noted that it was previously determined that the failure to cooperate charge in the Grinner matter (96-DB-084) had been proven by clear and convincing evidence. Accordingly, the committee found no need to revisit this matter, except for purposes of determining the appropriate sanction.
As to the McDonald matter (98-DB-012), the committee found that Ms. McDonald retained respondent to represent her daughter, Gabrielle, who was born prematurely in August 1986 after Ms. McDonald fell on the premises of an A&P;supermarket. The case was eventually settled for $21,500. Because the settlement involved a minor, court approval of the settlement and the distribution of the proceeds was required. Respondent sought and obtained the court's permission
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