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In re Collinsworth9/21/2001
This disciplinary matter stems from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John D. Collinsworth, an attorney licensed to practice law in Louisiana but who is currently ineligible to practice.
UNDERLYING FACTS
Respondent, while employed at the law firm of Shuey & Smith, L.L.C., received a check in the amount of $4,418.12 from his clients, Cecil and Pamela Mims, for payment of state inheritance taxes in the matter involving the Succession of Mildred Mims Anthony. Rather than remitting the funds to the State of Louisiana, respondent deposited the check into his personal bank account and converted the funds to his own use. Furthermore, respondent had received two checks from the Mims representing attorneys fees in the amount of $2,650. Rather than depositing the funds in the law firm's account, respondent deposited these checks into his personal account and converted the funds to his own use.
In the course of his handling of the same succession matter, respondent had advised Andretta Williams that she would receive $6,201.43 from the succession. However, at the time, there was only a balance of $2,698.93 remaining in the succession escrow account. Moreover, although respondent quoted her a fee of $1,000, he subsequently withheld $3,460.07 in attorney fees. After Ms. Williams complained about the fees, respondent issued a check on the law firm's operating account in the amount of $3,460.07 as a refund for the excess fees.
In an unrelated matter, respondent represented Delbert Clinton in a personal injury case. During the representation, respondent issued three checks to himself totaling $10,500 from the law firm account. Four months later, respondent prepared what purported to be a settlement statement in the case, misrepresenting the payments were cash advances to his client. Moreover, respondent had left $7,500 in unpaid medical bills with only a $5,902 balance in Mr. Clinton's escrow account.
In several other matters, involving John Mansour, Eugene James, Lajuan Wagoner and Judd Tooke, respondent wrote several checks on the law firm accounts, purportedly for litigation costs. In fact, respondent actually converted the funds to his own use.
After discovering respondent's actions, the law firm terminated respondent's employment and filed a complaint with the ODC. The ODC forwarded a copy of the complaint to respondent by certified mail, but it was returned "unclaimed." The ODC's investigator located respondent, and respondent gave the investigator his new address and telephone numbers. Although respondent was served with a copy of the complaint at this new address, he failed to submit a response as requested. Seven months later, when the ODC attempted to serve a subpoena duces tecum on respondent at the same address, the process server was advised by respondent's mother that her son did not reside with her at the address and that he had relocated to Marshall, Texas. Two weeks later, the ODC investigator again located respondent in Shreveport. Respondent advised he would cooperate with the ODC, but subsequently failed to do so.
DISCIPLINARY PROCEEDINGS
Formal Charges
After investigation, the ODC filed two counts of formal charges against respondent, asserting violations of the following provisions of the Rules of Professional Conduct: Rules 1.3 (lack of diligence), 1.4 (failure to communicate), 1.7(b) (engaging in a conflict of interest), 1.15(a) (failure to keep client and third party funds separate from the lawyer's own property), 1.15(b) (failure to promptly deliver funds or property owed to a client or third party and failure to
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