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In re Brown3/22/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This case arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Tyrone C. Brown, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
Respondent worked as an attorney for the East Baton Rouge Parish Public Defender's Office. While there, respondent met Robert C. Matthews, a convicted felon who was later pardoned, who worked as an investigator for the public defender's office. Although Mr. Matthews was not licensed to practice law, he apparently "represented" various personal injury clients and obtained settlements on their behalf from insurance companies. Mr. Matthews was successful in his activities, and many insurance adjusters mistakenly believed he was an attorney. However, his activities later came under suspicion, and Mr. Matthews became the subject of a fraud investigation by the Louisiana State Police.
In order to continue his activities, Mr. Matthews approached respondent with a scheme whereby Mr. Matthews would act as respondent's paralegal. Respondent agreed to provide Mr. Matthews with blank, pre-signed letters of representation on respondent's letterhead, which purportedly authorized Mr. Matthews to deal with the insurance companies. Additionally, respondent provided Mr. Matthews with pre-signed letterhead stationery which was otherwise blank. Respondent agreed to pay Mr. Matthews an undetermined fee based on the amount of the fee generated by each case.
DISCIPLINARY PROCEEDINGS
Formal Charges
After investigation, the ODC filed one count of formal charges against respondent, alleging his conduct violated Rules 5.3 (failure to properly supervise a non-lawyer assistant), 5.5 (assisting a person who is not a member of the bar in the unauthorized practice of law), 8.4(a) (knowingly assisting another in a violation of the Rules of Professional Conduct), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Rules of Professional Conduct. Respondent filed an answer denying the allegations of the formal charges. A formal hearing was scheduled, but respondent failed to appear, despite receiving notice of the hearing.
Hearing Committee Recommendation
At the formal hearing, the ODC presented the testimony of Cleve Franklin, an investigator for GEICO Insurance Company. Mr. Franklin testified that his company believed Mr. Matthews was an attorney working with respondent. The ODC also presented the testimony of Trooper Kermit Smith, of the Louisiana State Police Insurance Fraud Division. Trooper Smith testified that in the course of the State Police investigation into the activities of Mr. Matthews, copies of respondent's pre-signed letterhead stationery were found in the office of Mr. Matthews. Finally, the ODC introduced a copy of respondent's deposition, taken in connection with the investigation of the disciplinary charges. During the deposition, respondent admitted that he exercised no supervision over Mr. Matthews.
At the conclusion of the hearing, the hearing committee found respondent violated the professional rules as charged. The committee recommended respondent be suspended from the practice of law for a period of fourteen months.
Disciplinary Board Recommendation
The disciplinary board found the record supported the conclusion of the hearing committee that respondent violated Rules 5.3, 5.5, 8.4(a) and 8.4(c) of the Rules of Professional Conduct. It noted respondent aided Mr. Matthews in his unauthorized practice of law, and deceived clients into believing Mr. Matthews was an
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