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In re Turnage9/13/2002
f each case and the seriousness of the offenses involved, considered in light of any aggravating and mitigating circumstances. Louisiana State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984).
Respondent's offenses are serious in nature. His conversion of client and third party funds caused actual harm to his clients and third party health care providers by depriving them of their funds for a significant period of time. We have often held such conduct warrants disbarrment. See In re: Collinsworth, 01-1628 (La. 9/21/01), 795 So. 2d 312; In re: Poirrier, 01-1116, 01-1118 (La. 6/29/01), 791 So. 2d 94; In re: LeBlanc, 01-0099 (La. 4/27/01), 786 So. 2d 719; In re: Callahan, 00-3357 (La. 3/23/01), 782 So. 2d 624; In re: Cohen, 00-1476 (La. 9/15/00), 769 So. 2d 531; In re: Watts, 99-2071 (La. 9/24/99), 744 So. 2d 1278; In re: Patrick, 99-0771 (La. 7/2/99), 738 So. 2d 539. In addition to his conversion of client funds, his neglect of client matters resulted in harm. For example, his gross neglect of Ms. Hudson's case resulted in her being cast in judgment and having her wages garnished.
The baseline sanction for respondent's misconduct is clearly disbarrment. Several aggravating factors are present, including a pattern of misconduct and multiple offenses. The sole mitigating factor, lack of a prior disciplinary record, is insufficient to warrant a lesser sanction.
Under these circumstances, we find disbarrment is the only appropriate sanction. Accordingly, we will accept the board's recommendation and disbar respondent from the practice of law.
DECREE
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that the name of James David Turnage be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Respondent is ordered to make full restitution to his victims. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, ยง 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
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