 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Smith6/21/2002
This disciplinary matter arises from eight counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Willie Fred Smith, an attorney licensed to practice law in the State of Louisiana, but currently suspended.
UNDERLYING FACTS
Count I -- The Combs Matter
In March 1999, Lois Combs paid respondent $333 to handle an expungement matter for her daughter. Respondent neglected the matter and failed to communicate with his client. He also failed to account for any earned portion of the legal fee and failed to refund the unearned portion of the fee. In June 1999, Ms. Combs filed a complaint against respondent with the ODC.
On June 16, 1999, and again on July 1, 1999, the ODC forwarded a copy of the complaint to respondent at multiple addresses. Respondent failed to reply to the complaint. The ODC thereafter served respondent with a subpoena compelling him to appear on October 27, 1999 and answer the complaint under oath. Respondent failed to appear.
The ODC alleges that respondent's conduct in this matter violates the following provisions of the Rules of Professional Conduct: Rule 1.3 (failure to act with diligence and promptness in representing a client), Rule 1.4 (failure to communicate with a client), Rule 1.5(f) (payment of fees in advance of services), Rule 8.1(c) (failure to cooperate with the ODC in its investigation), Rule 8.4(a) (violation of the Rules of Professional Conduct), Rule 8.4(d) (engaging in conduct prejudicial to the administration of justice), and Rule 8.4(g) (failure to cooperate with the ODC in its investigation).
Count II -- The Wetherington Matter
Respondent retained Dr. G. E. Wetherington to testify as an expert witness in a personal injury matter. Following the trial of the case in January 1999, respondent failed to pay Dr. Wetherington's $300 fee. In July 1999, Dr. Wetherington filed a complaint against respondent with the ODC.
On July 16, 1999, and again on July 19, 1999, the ODC forwarded a copy of the complaint to respondent at multiple addresses. Respondent failed to reply to the complaint. The ODC thereafter served respondent with a subpoena compelling him to appear on October 27, 1999 and answer the complaint under oath. Respondent failed to appear.
The ODC alleges that respondent's conduct in this matter violates the following provisions of the Rules of Professional Conduct: Rule 8.1(c), Rule 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), Rule 8.4(d), and Rule 8.4(g).
Count III -- The Williamson Matter
Respondent was retained to represent a defendant in a criminal case pending in federal court. One of his client's co-defendants, John Hasley, was represented by attorney Kathrine Williamson, a fact of which respondent was aware. Nevertheless, respondent subsequently interviewed Mr. Hasley without obtaining Ms. Williamson's consent to the interview. In October 1999, Ms. Williamson filed a complaint against respondent with the ODC.
The ODC subsequently served respondent with a subpoena compelling him to appear on January 12, 2000 and produce his file in the criminal case. Respondent failed to appear.
The ODC alleges that respondent's conduct in this matter violates the following provisions of the Rules of Professional Conduct: Rule 4.2 (communication with a person represented by counsel), Rule 8.1(c), Rule 8.4(a), Rule 8.4(c), Rule 8.4(d), and Rule 8.4(g).
Count IV -- The Gomez Matter
In 1998, Bertha Gomez paid respondent $1,000 to resolve a matter involving a timber transaction. Respondent neglected the
Page 1 2 3 4 5 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|