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In re Carter6/24/2005
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Arthur L. Carter, a disbarred attorney.
PRIOR DISCIPLINARY HISTORY
Before we address the current charges, we find it helpful to review respondent's prior disciplinary history.
In 2001, respondent and the ODC filed a joint petition for interim suspension, asserting that there was probable cause to believe that respondent, among other things, commingled and converted client funds. We granted the motion and placed respondent on interim suspension effective October 5, 2001. In re: Carter, 01-2502 (La. 10/5/01), 797 So. 2d 49.
Subsequently, respondent filed a petition for consent discipline. In that petition, he stipulated that during 1997 and 1998, he converted settlement funds belonging to two clients. As a sanction, he sought disbarrment. In October 2002, we accepted the petition for consent discipline and disbarred respondent. In re: Carter, 02-2066 (La. 10/14/02), 829 So. 2d 1023 ("Carter I").
UNDERLYING FACTS
Count I -- The Narcisse Matter
Respondent was retained to represent Wanda Narcisse and her two children in a personal injury matter arising out of a December 1997 automobile accident. Respondent communicated with his client about the case on a regular basis until the beginning of 2003, when he told Ms. Narcisse that he was taking a leave from his practice due to illness. At that time respondent also informed Ms. Narcisse that he was still waiting to hear from State Farm Insurance Company concerning the personal injury claims. Respondent did not tell Ms. Narcisse that he had been on interim suspension since October 2001, nor that he was disbarred in October 2002.
In February 2003, Ms. Narcisse learned from State Farm's counsel that the personal injury case had long been settled. Ms. Narcisse subsequently discovered that in November 1998, respondent received $1,400 in settlement of her minor son's personal injury claim, and that he received $7,723.21 in January 2001 in settlement of her claim. Ms. Narcisse did not receive these funds.
Count II -- The Brady Matter
In March 1997, respondent was retained to represent Herman Brady in a personal injury matter. In October 2002, respondent mailed Mr. Brady a cashier's check in the amount of $2,557.52, with the notation "full & final settlement," along with a handwritten note thanking Mr. Brady for his "prayers and patience." No accounting or other explanation was provided.
Mr. Brady attempted to contact respondent to obtain information about the settlement and distribution of funds, to no avail. In November 2002, Mr. Brady filed a complaint against respondent with the ODC. The ODC subsequently learned that State Farm settled Mr. Brady's case in March 1998 for $3,635. Mr. Brady informed the ODC that he did not authorize respondent to settle his personal injury claim or endorse the settlement check on his behalf.
Count III -- The Adams Matter
In July 1999, respondent was retained to represent Jacqueline Adams in a personal injury matter. In October 2002, respondent mailed Ms. Adams a cashier's check in the amount of $2,598, with the notation "full & final settlement," along with a handwritten note thanking Ms. Adams for her "prayers" and her "patience." No accounting or other explanation was provided.
Ms. Adams attempted to contact respondent to obtain information about the settlement and distribution of funds, but was unsuccessful. In February 2003, Ms. Adams filed a complaint against respondent w
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