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In re Brough6/25/1999
IN RE BROUGH, 99-0844 (La. 6/25/99); ___ So.2d ___
IN RE: Disciplinary Counsel; Ä Other(s); Findings and Recommendations (Formal Charges);
Disbarrment ordered. See per curiam.
HTL
PFC
WFM
BJJ
JPV
CDT
JTK
KIMBALL, J. not on panel.
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, William R. Brough, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
From 1989 to 1995, respondent regularly sent clients to Dr. Stewart Altman and Associates for medical treatment in connection with personal injury cases. Respondent received settlement checks in these clients' cases and withheld funds from these settlements to pay Dr. Altman. However, respondent failed to remit these funds to Dr. Altman.
On April 24, 1996, the ODC sent respondent copies of the complaints made on behalf of Dr. Altman via certified mail, requesting a response. Respondent failed to claim this letter. On May 17, 1996, the ODC sent additional letters both by certified and regular mail to respondent's address as registered with this court. Those letters were apparently delivered, as they were not returned by the post office. However, respondent neglected to respond to the complaint. As a result of respondent's failure to respond, the ODC requested that a subpoena be issued. On September 3, 1997, respondent was personally served with a subpoena to testify and produce documents before the ODC in the investigation of Dr. Altman's complaint. Respondent did not appear or produce the documents subpoenaed, and he never responded to Dr. Altman's complaint in any way.
DISCIPLINARY PROCEEDINGS
Formal Charges
The ODC filed formal charges against the respondent on November 3, 1997, alleging several violations of the Rules of Professional Conduct. Specifically, the ODC alleged respondent sired to protect third party funds, failed to give an accounting concerning those funds, and failed to inform Dr. Altman that he had received funds in which Dr. Altman had an interest. The charges further allege respondent commingled and converted third party funds, and failed to properly maintain a client trust account or comply with the IOLTA requirements of Supreme Court Rule XIX and the Rules of Professional Conduct. Finally, the ODC alleged that respondent disobeyed an obligation under the rules of a tribunal, failed to cooperate in an investigation, failed to make any kind of response, and engaged in conduct prejudicial to the administration of Justice.
The ODC sent respondent notice of the formal charges via certified mail and regular mail to his official Rule XIX address, as well as to his last known address. The certified mail was returned marked "unclaimed," but the first class mail was not returned. Respondent did not file an answer or any other response to the formal charges. Accordingly, with the hearing committee's approval, the ODC submitted the case on documentary evidence alone
In support of the allegations against respondent, the ODC provided a number of exhibits, including copies of settlement contracts respondent's clients had signed, which indicated the amount withheld from their settlement for the payment of Dr. Altman's medical fees. In further support, the ODC included copies of bank statements provided by the First National Bank of Commerce, indicating that respondent had deposited his clients' settlement checks into h
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