Louisiana: Attorney permanently disbarred for negligence against several clients

In In Re S. Judd Tooke, 22 So. 3d 902 (La. 2009), the Louisiana Supreme Court ordered a lawyer’s name to be stricken from the roll, their license to practice law revoked in Louisiana, and that the attorney be permanently prohibited from being readmitted to the practice of law in Louisiana, and was ordered to pay full restitution to his victims.

The Louisiana Supreme Court affirmed the hearing committee’s conclusions that the lawyer knowingly neglected legal matters, failed to communicate with clients, failed to properly supervise his non-lawyer assistant, engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, had converted client to his own use by billing and receiving payment for expenses and legal fees that did not exist, did not properly communicate a fee arrangement to a client, did not refund unearned fees, didn’t fulfill obligations upon termination of representations, also engaged in conflicts of interest. Also the lawyer’s conduct was more intentional than negligent. The attorney violated duties to his clients, the legal system, and the legal profession, he actually caused substantial harm. The attorney was in violation under Louisiana Rules of Professional Conduct: 1.1(a), 1.3, 1.4, 1.5(a), 1.5(b), 1.7(a), 1.8(c), 1.15(a), 1.16(d), 3.2, 5.3, 8.4(a), 8.4(b), and 8.4(c).

The lawyer had admitted to some of the deceit, yet did not offer any type of repayment to the victims of his deceit, fraud, or misrepresentation. The lawyer failed to fix any of the wrongs that he made in regards to The Rhodes Matter, The Hamilton Matter. The lawyer had used a client trust account for his own personal use. The lawyer failed to answer the formal charges that were brought against himself; he also never filed anything for the hearing committee’s consideration. In cases in which the lawyer does not answer the formal charges, the factual allegations of those charges are deemed admitted. Supreme Court Rule XIX, § 11(E)(3).
This case teaches the importance of the lawyer’s duty under Rule 1.1(a) failure to provide competent representation to a client, Rule 1.4 Communication, and overall Rule 8.4(c) engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation

Mississippi: Lawyer disbarred for fee-splitting and referral-fee agreements to recruit clients and made false complaints to win tort claim

In Miss. Bar v. Arledge, 987 2d. 953 (Miss. 2009), the Mississippi Supreme Court permanently disbarred a lawyer and sentenced him to seventy-eight (78) months in prison for entering into fee-splitting and referral-fee agreement to recruit clients.

The Mississippi Supreme Court affirmed the trial court’s decision that the lawyer knowingly employed a person to solicit clients and to supply false claims in order to receive a settlement in a mass tort claim. The lawyer’s actions were found to be conspiracy pursuant to 18 U.S.C. §371, mail fraud pursuant to 18 U.S.C. 1341, and wire fraud pursuant to 18 U.S.C. in the United States District Court of the Southern District of Mississippi.

Due to the nature of the crimes charged against the lawyer, the Mississippi State Bar Association filed for disbarment pursuant to Rule 6(a), (d) of the Mississippi Rules of Discipline. The crimes for which the lawyer was convicted and sentenced are among those contemplated by Rule 6. Furthermore, the attorney has completed the appeal process, and his convictions have been affirmed by the State Supreme Court of Mississippi. In accordance to Rule 6, the attorney must be disbarred and stricken from the rolls of those licensed to practice law in the State of Mississippi.

This case teaches the importance of a lawyer’s duty to act lawfully. In addition, it tells us that a lawyer can be punished by the court and by the State Bar Association.