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In re Smith12/17/1999
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding arises from a petition for consent discipline filed by respondent, Glen Edward Smith, an attorney licensed to practice law in the State of Louisiana but currently on interim suspension.
FORMAL CHARGES
Count I
Dudley Davis, Jr. retained respondent to represent him in connection with a personal injury matter. In December 1995, respondent settled Mr. Davis' case for $289,000, but he did not advise his client of this fact. Respondent did not disburse the settlement funds, provided no accounting to his client, and converted a substantial portion of the funds to his own use. Respondent also forged his client's signature on the settlement and release documents, and represented to opposing counsel that the documents were genuine. Moreover, respondent failed to cooperate in the ODC's investigation of a complaint filed by Mr. Davis.
The ODC alleges that respondent's conduct violates Rules 1.4 (failure to communicate with a client), 1.8 (prohibited transactions between a lawyer and a client), 1.14 (representing a client under a disability), 1.15 (safekeeping property of a client or third person), 3.3(a) (candor toward the tribunal), 3.4(b) (falsifying evidence), 3.4(c) (knowing disobedience of the rules of a tribunal), 4.1 (truthfulness in statements to others), 8.1(a) (knowingly making a false statement of material fact in connection with a disciplinary matter), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice) of the Rules of Professional Conduct.
Count II
In June 1998, Carl Johnson paid respondent $6,500 to represent him in connection with a criminal matter. In August 1998, respondent received a $5,000 refund of unearned fees from Mr. Johnson's prior counsel. Respondent did not remit the funds to Mr. Johnson; rather, he deposited the funds in his trust account, claiming the funds were a disputed fee. Respondent refused to return the funds upon Mr. Johnson's request or to render an accounting. Moreover, respondent failed to cooperate in the ODC's investigation of a complaint filed by Mr. Johnson.
The ODC alleges that respondent's conduct violates Rules 1.5(f)(6) (fee disputes between a lawyer and a client), 1.15, 8.1(c), and 8.4(c) of the Rules of Professional Conduct.
Count III
Mark Lawrence paid respondent $400 to represent him in connection with two criminal misdemeanor matters. Respondent neglected the matter and failed to communicate important developments and information regarding the status of the matter to Mr. Lawrence. In November 1997, Mr. Lawrence discharged respondent; however, respondent refused to return the unearned portion of the fee or to render an accounting.
The ODC alleges that respondent's conduct violates Rules 1.3 (failure to act with diligence and promptness in representing a client), 1.4, 1.5(f)(3) (payment of fees in advance of services), and 1.5(f)(6) of the Rules of Professional Conduct.
Count IV
In connection with the matter which is the subject of Count I, respondent was also retained to represent the interests of Kathleen Davis, the wife of Dudley Davis, Jr. Prior to the negotiated settlement in that matter, Mr. and Mrs. Davis divorced. Nevertheless, without Mrs. Davis' knowledge, authority, or consent, and without advising her to seek indepe
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