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In re Caver6/4/1999
IN RE CAVER, 99-0708 (La. 6/4/99); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
BJJ
PFC
WFM
HTL
CDK
JPV
CDT
KNOLL, J. not on panel.
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from two sets of formal charges involving a total of sixteen counts of misconduct instituted by the Office of Disciplinary Counsel ("ODC") against respondent, J. Gregory Caver, a currently disbarred attorney.
UNDERLYING FACTS
97-DB-066
Count I: In 1994, James Waltz retained respondent to represent him in a criminal matter. Subsequently, Mr. Waltz pled guilty to manslaughter after respondent promised him he would receive a two-year sentence. Instead, Mr. Waltz received a forty-year sentence. Respondent promised to file an appeal and was paid $500 to do so. Respondent failed to file the appeal, communicate with his client, and account for and return the unearned portion of the legal fee.
Count II: In May, 1994, William Moses retained respondent to represent him in connection with traffic tickets received in an automobile accident. Although respondent pled no contest to the violations, he did not inform his client that the plea would be entered and that a $109 fine would be owed. Respondent was also retained to institute a personal injury suit on behalf of Mr. Moses and was paid $200 for fees and potential court costs. Respondent failed to file the suit, communicate with his client, and account for and return the unearned portion of the legal fee and unused court costs.
Count III: In February, 1996, Sherry Dove retained respondent to institute divorce proceedings on her behalf. She paid $1,500 in advance for fees and costs. Although respondent filed the suit, he did not complete the matter. Instead, he presented his client with a divorce petition with the wrong date and number on it stating they were legitimately filed divorce documents. Furthermore, during the term of representation, respondent had been placed on interim suspension by this court. He failed to inform his client of the suspension and that he could not complete the matter as required under Rule XIX. Finally, respondent failed to account for and return the unearned portion of the legal fee.
Count IV: In March, 1995, Alan Rankin retained respondent for $1,000 to represent him with respect to a criminal appeal. Respondent never filed the appeal or appeared on his client's behalf. He failed to communicate with his client and failed to account for and return the unearned portion of the legal fee.
Count V: Julia Lightfoot retained respondent to pursue a personal injury matter. While on interim suspension, he settled the case with the insurance carrier. Respondent drove to Jackson, Mississippi and obtained the $20,000 settlement for his client. Upon receipt of the funds, respondent deposited the money into the account of his mother instead of his client trust account. He remitted only $8,000 to his client and improperly converted $5,666 of the funds due his client. Ms. Lightfoot never received the remaining funds.
Count VI: In 1989, Marilyn-Leslie Deleon retained respondent to file and complete a bankruptcy matter on her behalf. Respondent failed to take any action, forcing his client to hire another attorney in August, 1994 to file and complete the matter. Respondent failed to communicate with his client and failed to account for and return the unearned portion of the fee.
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