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In re Madera12/9/2005
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Carmen S. Madera, an attorney licensed to practice law in Louisiana.
FORMAL CHARGES
The ODC filed two sets of formal charges against respondent. The first set, bearing the disciplinary board's docket number 02-DB-022, was filed on February 25, 2002 and consists of two counts of misconduct. The second set, bearing the disciplinary board's docket number 03-DB-048, was filed on July 31, 2003 and consists of six counts of misconduct.
The first set of formal charges was considered by a hearing committee and the disciplinary board. After the board's recommendation was lodged in this court, the ODC filed a motion to remand the matter to the board for consolidation with the second set of formal charges. This court granted the motion. In re: Madera, 03-2947 (La. 4/7/04). On March 29, 2005, the board filed in this court a single recommendation of discipline encompassing both sets of formal charges.
02-DB-022
Counts I & II Respondent was retained to represent Bernard Bagalso and Christopher Cagandahan in a personal injury matter. Respondent settled her clients' cases on December 6, 1999. Because she did not have a client trust account at this time, respondent deposited the settlement checks into her operating account. Respondent then paid her clients with checks drawn on an account belonging to a friend, Edna Anderson. Respondent withheld a total of $3,711.80 from the settlement proceeds to pay medical expenses owed by Mr. Bagalso and Mr. Cagandahan to Uptown Physical Medicine and Rehabilitation. However, respondent failed to disburse the funds to the medical provider.
Mr. Bagalso filed a disciplinary complaint against respondent, alleging that she settled his case without his knowledge or consent. The medical provider also filed a disciplinary complaint against respondent. The ODC forwarded a copy of the complaints to respondent by certified mail. However, respondent failed to reply to the medical provider's complaint. The ODC thereafter served respondent with two subpoenas compelling her to appear and answer the complaint under oath. On both occasions, respondent failed to appear. On June 13, 2001, during a sworn statement in connection with an unrelated disciplinary matter, respondent agreed to appear on June 18, 2001 to answer the complaint. Again, she failed to appear. The ODC then served respondent with a third subpoena compelling her to appear on October 3, 2001. Respondent sent a letter to the ODC on September 30, 2001, requesting that the sworn statement be rescheduled for October 31, 2001. Respondent finally appeared on that date.
The ODC alleges that respondent violated the following Rules of Professional Conduct: Rules 1.1(a) (failure to provide competent representation to a client), 1.2(a) (scope of the representation), 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.5 (fee arrangements), 1.6(a) (confidentiality of information relating to the representation of a client), 1.15(a)(b)(d) (safekeeping property of clients or third persons), 8.1(b) (knowing failure to respond to a lawful demand for information from a disciplinary authority), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), 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),
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