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In re Mendy8/31/2001
This disciplinary proceeding arises from two counts of misconduct filed by the Office of Disciplinary Counsel ("ODC") against respondent, Edward Bissau Mendy, an attorney licensed to practice law in the State of Louisiana.
UNDERLYING FACTS
Thibodeaux Matter
On July 12, 1993, Rome Thibodeaux and her siblings retained respondent to represent them in a malpractice action stemming from the death of their sister. Respondent filed a lawsuit on behalf of his clients, but that suit was dismissed on an exception of prematurity because the case had not been reviewed by a medical review panel. Thereafter, respondent took no further action on the matter. Moreover, respondent failed to adequately advise his clients of the status of their case at any time during the representation. After numerous unsuccessful attempts to contact respondent over a period of several years by telephone and visiting his office, Ms. Thibodeaux retained new counsel to pursue the case. Her new attorney forwarded two requests for information to respondent, but he failed to answer these requests.
On November 19, 1998, Ms. Thibodeaux filed a complaint with the ODC. The ODC forwarded this complaint to respondent. After numerous requests, respondent sent a letter to the ODC, indicating that he had taken the case for Ms. Thibodeaux because she was a personal friend. Respondent stated he was not experienced in medical malpractice and suggested his client seek other counsel, but she chose not to do so. He conceded that he should have done a better job of following up on the case.
Thereafter, respondent failed to comply with any further requests for information from the ODC. Although a subpoena was issued compelling his cooperation, he refused to appear for his scheduled deposition, as well as failed to produce the requested documents.
Magnolia Matter
In 1995 and 1996, Samuel Grant Williams, President and Chief Executive Officer of Magnolia Home Care, Inc. ("Magnolia"), retained respondent to review the status of Magnolia's license with the Louisiana State Department of Health and Human Resources. While respondent initially pursued the matter, he failed to take any action after November 1, 1996. Despite repeated requests from his client, respondent did not provide him any information concerning the status of the matter. On April 10, 1999, over two and one-half years after his last action in the case, Mr. Williams finally spoke to respondent and requested that he return Magnolia's files so they could be provided to Magnolia's new counsel in the matter. Although respondent agreed, he later canceled their scheduled meeting alleging the files were in storage.
On April 26, 1999, Mr. Williams filed a complaint with the ODC advising of respondent's misconduct and seeking the return of Magnolia's files. He further expressed concern that Magnolia's licensing rights may have been jeopardized by respondent's misconduct. Respondent failed to file a response to the complaint. Although a subpoena was issued ordering his cooperation, he failed to comply.
DISCIPLINARY PROCEEDINGS
Formal Charges
After investigation, the ODC filed two counts of formal charges against respondent in connection with the Thibodeaux and Magnolia matters. The charges alleged respondent's actions violated the following provisions of the Rules of Professional Conduct: Rules 1.1 (incompetence), 1.3 (neglect of a legal matter), 1.4 (failure to communicate), 3.2 (failure to expedite litigation), 8.1(c) (failure to cooperate with the ODC in its investigation) and 8.4(g) (failure to cooperate with the ODC) of the Rules of Professional Conduct.
Page 1 2 3 Louisiana Personal Injury Attorneys
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