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In re Small12/3/2003
This attorney disciplinary proceeding involves four counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, Gilda R. Small, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
General Background Facts
After being admitted to the bar in 1983, respondent operated a solo practice. In late 1990, she became associated with the law office of attorney Janice Clark (hereinafter referred to as "Clark firm"). In the summer of 1992, Ms. Clark began campaigning for a judgeship. During the time Ms. Clark campaigned for office, respondent operated the Clark firm by herself. Ms. Clark won the election, took her oath of office in October 1992, and began her term on January 1, 1993. Respondent entered into a verbal agreement with her, whereby respondent would remain in the Clark firm's office and take over the firm's pending cases. Dele Adebamiji, another Louisiana attorney, was also hired to assist in the disposition of the pending cases. Respondent remained with the Clark firm until July 1994. The disciplinary complaints subject of these proceedings involve those cases handled by respondent during her tenure with the Clark firm.
Count I - Blakes Matter
Lawrence Blakes was involved in an accident on December 23, 1992. According to Mr. Blakes, he went to the office of the Clark firm and met respondent, who advised him that she was handling his personal injury matter. At that time, he executed an employment agreement with respondent and provided her documentation. Mr. Blakes maintains respondent neglected to ever contact him again.
By contrast, respondent asserts Mr. Blakes' personal injury matter was on a list of cases left for her to take over following Judge Clark's election. Respondent denies she ever met Mr. Blakes prior to January 1994, more than one year after she took over the case at the request of Judge Clark, at which time he allegedly came to her office at her direction to execute pleadings relative to his pauper status. She asserts she advised him at that time that she would be co-counsel with Mr. Adebamiji on the case.
In any event, it is undisputed respondent failed to adequately communicate with Mr. Blakes and neglected to take any formal action in the case until January 1994, more than one year after the accident, when she filed an untimely suit on her client's behalf against the tortfeasor and two insurance carriers. Thereafter, Mr. Blakes made numerous efforts to contact respondent, but was unable to reach her. Ultimately, Mr. Blakes was forced to retain new counsel.
In September 1994, Mr. Blakes filed a complaint with the ODC. Several months later, respondent replied to the complaint alleging she relocated her office and did not have the financial means to send written notice of her relocation to her clients, including Mr. Blakes.
Count II - Square Matter
In July 1993, Fannie Square retained respondent to institute succession proceedings, paying respondent a total of $575. Five months later, respondent had not filed suit on behalf of her client.
In December 1993, Ms. Square filed a complaint with the ODC, alleging respondent refused to communicate with her and seeking a return of the unearned fee. Six months later, respondent replied to the complaint, alleging she had drafted the succession pleadings, but had not filed them because her client owed additional court costs for the filing. Respondent advised the ODC that she would return her client's file and money. Thereafter, respondent failed to return her client's property, and did not take any measures to file the suit.
Count III - Moore Matt
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