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In re Cline2/29/2000
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Leonard J. Cline, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
In May 1991, Patsy Allday retained Morris Bart and Associates to represent her in a personal injury matter involving State Farm Mutual Automobile Insurance Company ("State Farm"). Mr. Bart's only work in the case involved arranging a doctor's appointment for Mrs. Allday and sending several letters.
Three months later, Mrs. Allday discharged Mr. Bart's firm, and she and her husband, Arthur, retained respondent to represent them in the matter. At that time, respondent paid Mr. Bart's outstanding costs, $307.30, and sent Mr. Bart a form letter stating that he would "protect whatever interest in the attorney's fees herein to which you may be entitled." However, without notice to respondent or the Alldays, Mr. Bart later recorded his employment contract in the Allday case and notified State Farm of his interest in Mrs. Allday's claim.
Subsequently, respondent successfully negotiated a settlement in the Allday case. In October 1993, State Farm issued a settlement draft in the amount of $257,568.50, payable to Mrs. Allday, respondent, and Mr. Bart. State Farm also issued a second draft in the amount of $10,000, payable to Mr. Allday, respondent, and Mr. Bart. Without Mr. Bart's knowledge or consent, an endorsement purporting to be his was placed on the back of both drafts. The settlement drafts were subsequently deposited into respondent's client trust account.
DISCIPLINARY PROCEEDINGS
In July 1995, Mr. Bart filed a complaint against respondent with the ODC. After its investigation, the ODC instituted one count of formal charges against respondent, alleging several violations of the Rules of Professional Conduct. Respondent denied that he had forged Mr. Bart's signature on the settlement drafts and indicated that he had given both drafts to Mrs. Allday so that she could obtain Mr. Bart's endorsement on them. Respondent also denied any knowledge that Mr. Bart was owed an attorney's fee or that he was claiming additional costs and expenses in the Allday case.
While the matter was being considered by a hearing committee, respondent tendered a petition for consent discipline. Respondent acknowledged "the truth of the assertions set forth in the" formal charges; however, he claimed "that at no time did he ever personally endorse the name of Morris Bart to a check, commit a criminal act or misappropriate the funds of Morris Bart." Respondent proposed a completely deferred one year and one day suspension, subject to two years of supervised probation with conditions. The ODC concurred in the petition. However, this court rejected the proposed discipline and remanded the matter for further proceedings.
Formal Hearing
Following remand, the matter was presented for formal hearing before a hearing committee. Respondent testified before the committee on his own behalf. Pursuant to a grant of prosecutorial immunity, Mr. and Mrs. Allday also testified.
Mrs. Allday denied any knowledge of how Mr. Bart's endorsement came to be placed on the back of the settlement checks, and she specifically denied that she took the checks from respondent's office. However, she admitted that in an earlier statement, she had said that it was "possible" that she could have brought the checks to Mr. Bart's office. Mrs. Allday ultimately told the committee, "I didn't do it. I sure don't remember doing it if I did it."
Mr. Alld
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