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In re Irby6/4/1999
IN RE IRBY, 99-0655 (La. 6/4/99); ___ So.2d ___
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from ten counts of formal charges instituted by the Office of Disciplinary Counsel ("ODC") against respondent, G. Don Irby, a currently disbarred attorney.
UNDERLYING FACTS
Count I
Edward Dufrene retained respondent to represent him in a legal matter involving Shell Oil Company. Respondent settled the case for the sum of $20,000, deposited those funds to his trust account, then converted the funds to his own use. The ODC notified respondent of the complaint, but he failed and refused to respond to the complaint or otherwise cooperate with the ODC.
Count II
Gloria Hartman retained respondent to represent her in a personal injury matter. The respondent settled the personal injury matter and retained the funds to pay a third party health care provider. Respondent failed to pay the health care providers, converting the funds to his own use. The ODC notified respondent of the complaint, but he failed and refused to respond to the complaint or otherwise cooperate with the ODC.
Count III
Sally Dufrene retained respondent to represent her in a civil matter. She paid him $500.00, but he performed no work and failed to communicate with his client. Further, respondent neglected the legal matter entrusted to him and failed and refused to return the unearned fee. Respondent was served with notice of the complaint, but he failed to respond to the complaint or otherwise cooperate with the ODC's ongoing investigation.
Count IV
Linwood Brooks retained respondent to represent him in a disability claim. Respondent settled the disability claim for the sum of $4,000.00. He then converted this sum to his own use and failed to pay third party providers or the client out of the $4,000 disability check. The ODC served notice of the complaint upon respondent, but he failed and refused to reply to the complaint or otherwise cooperate with the ODC.
Count V
Respondent accepted the sum of $750.00 to represent Joy Eusea Dupre in a bankruptcy proceeding. Respondent failed to communicate with his client, neglected the matter, and then ultimately filed defective pleadings in the form of defective schedules with the bankruptcy court. The bankruptcy court dismissed the client's bankruptcy petition after respondent's further neglect. Respondent failed to communicate with a client, neglected a legal matter entrusted to him, failed to provide competent representation, and failed to refund an unearned fee. The ODC served respondent with notice of the complaint, but he failed and refused to respond to the complaint or otherwise cooperate with the ODC.
Count VI
John O'Donnell retained respondent to represent him in a bankruptcy filing and paid him $400.00 in fees. Respondent failed and refused to communicate with his client, failed and refused to file the bankruptcy proceeding and neglected a legal matter entrusted to him. Respondent failed to return an unearned fee. Although the ODC served respondent with notice of the complaint, he failed and refused to answer the complaint or otherwise cooperate with the ODC's ongoing investigation.
Count VII
Marvin and Naomi McBroom retained respondent to represent them in a personal injury matter. Without the clients' knowledge, consent or permission, respondent forged their names to the settlement draft and documents and converted the funds of the settlement to his own use. Later, out of a total settlement of $5,062.75, respondent ultimately paid his cl
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