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In re Turnage9/13/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from seven counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, James David Turnage, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
Count I - Hudson Matter
In 1997, Spring Hudson retained respondent to represent her in connection with debt collection matter instituted against her in the Shreveport City Court. At that time, Ms. Hudson provided respondent with evidence that she had previously satisfied the debt. However, respondent failed to produce the documentation in his client's defense. As a result, summary judgment was rendered in favor of the creditor and Ms. Hudson's wages were garnished.
On May 7, 1998, Ms. Hudson filed a complaint against respondent with the ODC. Upon receiving a copy of the complaint, respondent admitted to the allegations of misconduct and maintained he had offered to compensate Ms. Hudson for her loss, but that she did not respond to his offer. However, Ms. Hudson produced evidence that she made numerous efforts to contact respondent, including sending him correspondence by certified mail, but was unsuccessful.
Count II - Dixon Matter
In 1996, Linda and Remoncile Dixon retained respondent to represent them and their minor children in a personal injury matter stemming from a vehicular accident. Two years later, respondent settled the matter on behalf of his clients in the total amount of $5,008. In addition to his legal fees, respondent withheld $940 from the settlement for payment to Jose D. Pineda, M.D. for medical services rendered to respondent's clients. However, respondent failed to disburse these funds to Dr. Pineda and converted the funds to his own use.
On November 25, 1998, Dr. Pineda filed a complaint against respondent with the ODC. In the course of the ODC investigation, respondent gave a sworn statement in which he asserted Dr. Pineda's claims had prescribed and, thus, Dr. Pineda was not entitled to any money. As to the funds he withheld from the settlement for Dr. Pineda, respondent stated he used the money to pay other personal debts and admitted his client trust account went below that amount held in escrow.
Count III - Zahn Matter
Over the course of several years, respondent guaranteed payment for chiropractic services rendered by Robert L. Zahn, D.C. to seven of respondent's clients. Subsequently, respondent withheld funds from each of his clients' personal injury settlements for payment to Dr. Zahn. Between June 20, 1996 and June 17, 1999, respondent issued seven checks to Dr. Zahn as payment for the medical services rendered. However, each of the checks were returned for insufficient funds. As to four of the checks, respondent provided restitution shortly after the check was rejected by the respective financial institution. As to the remaining three checks issued between June 20, 1996 and July 23, 1996, totaling an amount of $2,617, respondent has not made restitution to Dr. Zahn, despite repeated requests.
On July 8, 1999, Dr. Zahn filed a complaint against respondent with the ODC. Shortly after the filing of the complaint, respondent provided restitution to respondent in one matter, but has not done so in the other matters.
Count IV - Howard Matter
On March 1, 1999, Linnie B. Howard retained respondent for $1,500 to file a timely motion for new trial and other post-conviction proceedings on behalf of her son. Respondent failed to take any action on behalf of his client. Ms. Howard made numerous efforts to contact respondent regard
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