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In re Mitchell11/8/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This matter arises from a petition for consent discipline filed by the Office of respondent, Linda A. Mitchell, an attorney licensed to practice law in the State of Louisiana. The Office of Disciplinary Counsel ("ODC") concurs in the proposed consent discipline of a fully deferred six month suspension, subject to a one year period of probation with conditions.
UNDERLYING FACTS
These proceedings are based on two separate files investigated by the ODC. The facts, as stipulated to by respondent and the ODC, are as follows:
Investigative File No. 13242
Denise Albert retained respondent to represent her and her minor son in a personal injury matter stemming from a vehicular accident which took place in September, 1997. While the parties agreed respondent was to be paid on a contingency fee basis, no written agreement was executed providing for such. Respondent filed suit on behalf of her clients, but subsequently took little or no action on their behalf. Ms. Albert made several requests for information regarding the status of the legal matter, but to no avail.
Ms. Albert filed a complaint with the ODC advising of respondent's misconduct. Respondent neglected to answer and, as a result, the ODC issued a subpoena compelling her cooperation. Ms. Albert's case was finally resolved with a judgment in her favor in April, 2002, after the instant consent proceedings were instituted.
Investigative File No. 13558
Alecha Harris retained respondent to represent her and her minor child in a personal injury matter stemming from an accident which took place in December, 1995. While respondent instituted suit on behalf of her clients, she subsequently took little or no action on their behalf. Eventually, the suit was dismissed for abandonment due to respondent's failure to pursue the case. At the same time, respondent neglected to respond to Ms. Harris' numerous requests for information regarding the status of her legal matter.
Ms. Harris filed a complaint with the ODC advising of respondent's misconduct. When respondent neglected to respond to the complaint, the ODC issued a subpoena compelling her cooperation.
DISCIPLINARY PROCEEDINGS
Petition for Consent Discipline
Prior to the institution of formal charges by the ODC, respondent filed a joint petition for consent discipline conceding her actions violated the Rules of Professional Conduct, namely, Rules 1.3 (lack of diligence), 1.4(a) (failure to communicate), 1.5 (failure to have a written contingency fee contract), 3.2 (failure to expedite litigation) and 8.1(c) (failure to cooperate in a disciplinary investigation). In the accompanying stipulation of facts, respondent asserted in mitigation that her actions were unintentional and stemmed from her heavy workload as a sole practitioner, an insufficient support staff and medical problems. For her misconduct, respondent proposed she be suspended from the practice of law for a period of six months, fully deferred, subject to a one year period of probation, subject to conditions.
The ODC filed a concurrence to and memorandum in support of the petition for consent discipline.
Recommendation of the Disciplinary Board
Because the parties stipulated to the facts and misconduct, the board's sole focus was whether the proposed discipline was an appropriate sanction for respondent's misconduct. The board found that respondent negligently violated duties owed to her clients, resulting in actual injury insofar as she unnecessarily delayed resolution of Ms. Albert's legal matter and caused Ms. Harris'
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