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In re Rudham6/25/1999
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Laurence D. Rudman, an attorney licensed to practice law in the State of Louisiana. The charges allege respondent failed to pursue two of his clients' cases, failed to communicate with those clients, and failed to return an unearned fee to a client. In addition, respondent failed to cooperate with the ODC's investigation in these matters.
UNDERLYING FACTS
On July 8, 1995, Eula M. Beckwith retained respondent to quiet title on five pieces of property. Ms. Beckwith paid respondent $1,000 as a retainer. Thereafter, respondent failed to communicate with his client, and as a result, Ms. Beckwith formally requested a refund of her retainer on October 15, 1996. Respondent did not reply. In December of 1996, Ms. Beckwith wrote a second letter to respondent, again requesting a refund. Ms. Beckwith subsequently hired another attorney to handle the matter for her. Respondent never performed any work on Ms. Beckwith's behalf.
Ms. Beckwith filed a complaint with the ODC on March 7, 1997. On March 18, 1997, the ODC mailed respondent a certified letter containing a copy of the complaint, for which respondent personally signed the certified mail receipt. However, respondent failed to reply. Accordingly, the ODC issued a subpoena on June 16, 1997, requesting respondent's appearance on June 26, 1997, to give a sworn statement. Respondent appeared and admitted under oath that he performed no activity for Ms. Beckwith. He also admitted to his failure to cooperate with the ODC. Further, respondent indicated he has suffered from depression since he left his law firm in 1995 and became a solo
practitioner. Respondent agreed to return Ms. Beckwith's retainer within ten days, but respondent never did so.
In a separate matter, Charlestine Swift retained respondent in 1994 to investigate the wrongful death of her sister. Ms. Swift attempted to communicate with respondent to ascertain the status of her case without success. Consequently, Ms. Swift searched the court records, where she discovered respondent never filed her lawsuit. Ms. Swift attempted to contact respondent on several occasions to no avail.
On February 10, 1998, Ms. Swift filed a complaint with the ODC. The ODC then mailed a certified letter to respondent containing the allegations. Respondent personally signed the return receipt but failed to reply to the complaint. The ODC served a subpoena upon respondent on April 8, 1998 to appear on April 15, 1998. Respondent did not appear.
DISCIPLINARY PROCEEDINGS
Formal Charges The ODC filed four counts of formal charges against respondent, alleging several violations of the Rules of Professional Conduct in connection with both the Beckwith and Swift matters. Although the hearing committee gave the parties time to file written arguments and documentary evidence on the issue of sanctions, respondent did not submit any evidence. Accordingly, the matter was considered based upon the documentary evidence the ODC submitted.
Hearing Committee Recommendation The hearing committee concluded respondent's conduct violated Rules 1.3, 1.4, 1.5, 1.15, and 8.4 (c) and (g) with regard to the Beckwith matter and Rules 1.3, 1.4, and 8.4(c) and (g)
with regard to the Swift matter. Referring to the ABA's Standards for Imposing Lawyer Sanctions, the committee found the baseline sanction for respondent's misconduct is suspension.
The committee found several aggravating factors, including: (a) pattern of misconduct; (b) mu
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