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In re Patrick3/15/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Robert E. Patrick.
PRIOR DISCIPLINARY HISTORY
On July 9, 1999, we disbarred respondent from the practice of law for conduct unrelated to the instant proceeding. In re: Patrick, 99-0771 (La. 7/2/99), 738 So. 2d 539. Respondent's misconduct in that case included commingling and conversion of client funds and submission of false evidence in an attempt to cover up his wrongdoing.
In addition to respondent's 1999 disbarrment, we previously imposed a deferred ninety day suspension on respondent for providing inaccurate information to clients and courts in two criminal matters. In re: Patrick, 95-1621 (La. 9/15/95), 660 So. 2d 433.
The disciplinary board has admonished respondent on two prior occasions. In 1995, the disciplinary board admonished respondent for incompetence, failure to communicate and assessing an improper fee. In 1991, the board admonished him for improper use of a client trust account.
UNDERLYING FACTS
Count I
In September 1996, Quincy M. Edwards retained respondent to represent him in a personal injury case against State Farm Insurance Company. Shortly thereafter, respondent settled the matter on behalf of his client. On October 7, 1996, State Farm issued a settlement check in the amount of $10,000, made payable to respondent, Mr. Edwards and Mr. Edwards' previous attorney in the matter, Eldon Guillory. Subsequently, respondent signed Mr. Guillory's name to the check, without Mr. Guillory's knowledge or consent, and negotiated it. Respondent kept the entirety of the proceeds, and never notified Mr. Guillory of the settlement nor attempted to negotiate a division of fees with him.
Count II
In connection with the Edwards litigation (which is the subject of Count I), Mr. Edwards had incurred medical bills in the amount of $3,400 for treatment provided to him by the England-Masse Chiropractic Clinic ("England-Masse"). Respondent was put on notice that England-Masse maintained a privilege or lien on the settlement proceeds. However, after the settlement was perfected, respondent converted these funds to his own use. England-Masse sent numerous requests for payment to respondent, but respondent failed or refused to remit the funds. As a result, England-Masse filed suit against respondent to obtain a monetary judgment for the amount of the lien.
Count III
In late 1998, Keatha Poullard retained respondent to represent her in a personal injury matter. Subsequently, respondent settled the case for $3,200. He forged Ms. Poullard's name to the settlement check and negotiated it, without her knowledge and consent. When the third party health care providers demanded payment from Ms. Poullard, respondent advised her to tell them her treating physicians had agreed to "write off the bill," which respondent knew was false. Moreover, respondent did not provide his client with the correct portion of her interest in the settlement, and did not provide his client with an accounting or disbursement sheet. Subsequently, Ms. Poullard filed suit against respondent. The court determined respondent had converted her funds.
Count IV
On October 31, 1997, Creighton M. Moss, an inmate, retained respondent for the purpose of obtaining a transfer to another correctional facility. Mr. Moss paid respondent the sum of $10,000. Subsequently, respondent performed little or no services on behalf of Mr. Moss and refused to communicate with him regarding the status of the legal matter. Resp
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