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In re Dumas6/7/2002
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary proceeding arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Walter C. Dumas, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
In April 1995, Vanessa Bolinger retained respondent to represent her in connection with a personal injury matter stemming from a vehicular accident. Approximately one year later, respondent settled the personal injury claim for $7,250. Respondent apparently indicated to Ms. Bolinger that she would receive sufficient proceeds from the settlement to allow her to purchase a used vehicle to replace her vehicle, which had been totaled in the accident.
On April 2, 1996, Ms. Bolinger went to respondent's office where she endorsed the settlement check. At that time, respondent learned his client's share of the settlement would not be enough to allow her to purchase the car. As a result, respondent agreed to reduce his legal fee from $2,400 to $992.50.
Respondent provided Ms. Bolinger with $500 in cash claiming it was an "advance" on the settlement since it would allegedly take approximately ten days for the check to clear the bank. Moreover, respondent advised Ms. Bolinger that he would withhold the funds owed to the third party medical providers and pay them directly.
Because Ms. Bolinger was anxious to purchase the vehicle, respondent wrote a letter to the automobile dealership advising that she would be receiving her funds in about ten days (April 12, 1996) "or shortly thereafter." Ms. Bolinger gave the dealership the $500 respondent advanced to her and wrote a check to the dealership for the balance, $3000. The dealership agreed to hold this check for a period of at least ten days.
The following day, respondent cashed the settlement check. However, respondent did not place these funds in his client trust account, as that account had been seized ten days earlier by the United States Internal Revenue Service ("IRS") for non-payment of back taxes due on his law practice. According to respondent, his tax attorney advised respondent not to deposit any client funds in his trust account, because those funds could be subject to seizure by the IRS.
Five days after cashing the check, respondent gave his client a cash payment of $100, representing another "advance" on her settlement so that she could pay insurance on the vehicle she intended to purchase. At that time, respondent failed to advise his client that he had already cashed the settlement check and was personally holding the funds until the check cleared his bank.
Respondent failed to provide Ms. Bolinger with her funds within ten days of the settlement, as he had promised. As a result, when the dealership deposited her check, it was returned for insufficient funds. As a consequence, the bank imposed NSF charges on Ms. Bolinger's account, resulting in several of Ms. Bolinger's previously issued checks being dishonored and creating an overdraft in her account. While her bank assumed some charges, she was still required to go to individual merchants and pay NSF charges that were imposed on the dishonored checks.
Ms. Bolinger made numerous attempts to contact respondent by telephone, but to no avail. On April 22, 1996, Ms. Bolinger went to respondent's office. At respondent's direction, his secretary prepared a settlement disbursement sheet, which indicated Ms. Bolinger was due $3,100 after the appropriate deductions were taken. The secretary provided Ms. Bolinger this amount in cash.
In an effort to protect her interests, Ms. Bolinger contacted her medical provide
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