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In re Chaney6/25/1999
IN RE CHANEY, 99-0983 (La. 6/25/99); ___ So.2d ___
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from two sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Russell Alan Chaney, an attorney licensed to practice law in the State of Louisiana. The charges allege respondent failed to adequately represent his clients, failed to keep his clients reasonably informed, failed to return unearned fees and provide an accounting when requested, and failed to keep his clients' funds separate. converting those funds to his own use. In addition, the charges allege respondent entered a plea of guilty to possession of cocaine and was sentenced to three years imprisonment.
UNDERLYING FACTS
For purposes of clarity, the underlying facts will be addressed under the docket numbers assigned in the disciplinary board.
96-DB-071
Respondent accepted the representation of Kenneth D. Morgan in connection with a criminal matter in May of 1995. Mr. Morgan paid respondent a total of $2,100.00 to file an appeal on his behalf. However, respondent never filed the appeal and did not communicate with his client. Accordingly, the delays for Mr. Morgan's appeal have run.
98-DB-040
Count I
Delores Johnson retained respondent to represent her brother, who was incarcerated and facing criminal charges. She paid respondent $500 to help secure his release on bond. Despite their repeated efforts to communicate with respondent, neither the defendant nor Ms. Johnson were able to communicate with respondent after payment of the fee, and he never performed any work on defendant's behalf. Respondent failed to return the unearned fee.
Count II
Cary Lee Bouligny retained respondent to represent her in a personal injury claim. After she became dissatisfied with respondent's efforts, Ms. Bouligny discharged respondent, but he failed and refused to return the file, and thus failed to protect the interests of his former client
Count III
David Barker and family retained respondent to represent them in connection with a serious personal injury claim. After settling a portion of their claim for $460,000.00, respondent withheld, in addition to his regular fees and costs, the sum of $90,000.00 "in trust." Despite the Barkers' repeated requests, respondent failed and refused to provide an accounting or a disbursement sheet, or to return the money being held in trust.
Count IV
Roger Sproles and his daughter retained respondent to represent them in connection with a personal injury claim. Respondent negotiated a settlement of Mr. Sproles' claim for $9,000 and of his daughter's claim for $20,000, but respondent refused to disburse this money to them. Respondent converted the settlement funds to his own use. To date, he has paid only $1,950.00 in restitution.
Count V
Respondent entered a plea of guilty to possession of cocaine in East Baton Rouge Parish, and an September 6, 1995 he was sentenced to three years at hard labor with credit for time served. As noted, this court placed respondent on interim suspension from the practice of law as a result of this conviction on January 31, 1997.
Count VI
On March 7, 1997, while suspended from the practice of law, the respondent appeared before Judge Timothy Kelley of the 19th Judicial District Court, claiming he represented a criminal defendant, Kelly Ann McGrew. Judge Kelley detected respondent was impaired by substance abuse and ordered drug testing. The results revealed that traces of coc
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