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In re Warner6/27/2003
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Ivan David Warner, III, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
Respondent represented Milton Victor in a personal injury claim stemming from a December 1996 automobile accident. On September 19, 1997, while the claim was still pending, Mr. Victor died of natural causes unrelated to his accident. Respondent was thereafter contacted by Mr. Victor's daughter, Barbara Pierre, about settling the claim. On November 20, 1997, without having informed the defendant insurance company of Mr. Victor's death, respondent settled the personal injury claim for $20,000. On December 5, 1997, respondent allowed Ms. Pierre to sign her father's name on the release documents and on the settlement check. Respondent paid the net settlement proceeds to Ms. Pierre and did not determine whether Mr. Victor was survived by any children other than Ms. Pierre.
DISCIPLINARY PROCEEDINGS
Formal Charges
Ms. Pierre filed a complaint against respondent with the ODC. After an investigation, the ODC filed one count of formal charges against respondent, alleging his conduct violated the following provisions of the Louisiana Rules of Professional Conduct: Rules 1.2(c) (counseling a client to engage, or assisting a client, in conduct the lawyer knows is criminal or fraudulent), 1.4 (failure to communicate with a client), 1.7 (conflict of interest), 1.8 (prohibited transactions between a lawyer and client), 1.15 (safekeeping property of clients or third persons), 1.16(a)(1) (declining or terminating a representation that will result in a violation of the Rules of Professional Conduct or other law), 4.1 (truthfulness in statements to others), 4.4 (respect for rights of third persons), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice). Respondent answered the formal charges and denied any misconduct.
Formal Hearing
At the formal hearing, the ODC introduced documentary evidence in support of the formal charges, including (1) Mr. Victor's death certificate, (2) various correspondence between respondent and the insurance adjuster, all dated in November 1997, relating to the settlement of Mr. Victor's personal injury claim, and (3) copies of the release and settlement check signed by Ms. Pierre in her father's name. The ODC also called Ms. Pierre to testify in person at the hearing, as well as Dean Thompson, an investigator employed by the ODC; Dawn Collins, a paralegal formerly employed by respondent; and Brian Tormey, the claim adjuster who handled Mr. Victor's personal injury claim.
Ms. Pierre testified that when her father's personal injury case settled, respondent told her to sign her father's name on the release and on the settlement check. Ms. Pierre further testified that respondent did not explain the settlement documents to her, but simply said "let's go ahead and do this [the settlement], because the people didn't know that [Mr. Victor is] dead yet." With respect to the issue of whether Mr. Victor was survived by any children other than Ms. Pierre, Ms. Pierre stated emphatically that she was the only child born of the marriage of her father and her mother. However, she also admitted that she is aware of other children who claim that Mr. Vic
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