ELLI: Key Concepts

Failure to Supervise (Part 2): Trust Account Violations

This segment discusses cases and scenarios involving the failure of lawyers to supervise non-lawyers that have resulted in the theft of funds by staff members.  Also discussed are the duties to properly maintain a client trust account and safekeep funds as set forth in Louisiana Rule of Professional Conduct 1.15(f).

Recent Rules and Decisions

IN RE MICHAEL PETER ARATA (New Orleans), 2020-B-01487 (4/20/21): The Court disbarred the respondent, retroactive to the date of his interim suspension (2/17/16), based upon his conviction of multiple counts of conspiracy, mail and wire fraud, and lying to the FBI.

Consent Discipline:

IN RE WILLIAM CHASE GORE (Baton Rouge), 2021-B-00348 (4/20/21): The Court suspended the respondent for eighteen months, with six months deferred, for neglecting a client’s legal matter, failing to communicate with his client, misleading opposing counsel regarding the status of the matter, and concealing his misconduct from his client and his supervising attorney.

IN RE ROBERT C. JENKINS, JR. (New Orleans), 2021-B-00293 (4/7/21): The Court suspended the respondent for one year and one day, with all but six months deferred, for neglecting legal matters, failing to communicate with clients, failing to refund unearned fees, and failing to properly terminate the representation of clients.

IN RE PAUL J. BARKER (Lockport), 2021-B-00187 (4/20/21): The Court suspended the respondent for one year and one day, fully deferred, for neglecting legal matters, failing to communicate with clients, failing to refund unearned fees, and failing to reconcile his client trust account at least quarterly.

IN RE PHILLIP J. LaFLEUR (Mandeville), 2021-B-00265 (4/7/21): The Court suspended the respondent for one year and one day, fully deferred, for mismanaging his client trust account.

IN RE ALBERT A. THIBODEAUX (New Orleans), 2021-B-00290 (4/7/21): The Court suspended the respondent for six months, fully deferred, for signing his client’s name to a pleading, notarizing the signature, and then filing the pleading into the court record.

IN RE SANFORD A. KUTNER (Luling), 2021-B-00364 (4/20/21): The Court enjoined the respondent from seeking admission to the bar in Louisiana for eighteen months based upon his neglecting his client’s legal matter, failing to communicate with his client, failing to promptly refund unearned fees, and engaging in the unauthorized practice of law.

Permanent Retirement in Lieu of Discipline:

IN RE WALTER P. REED (New Orleans), 2021-OB-00367 (4/20/21).

Reinstatement/Readmission Matters:

IN RE GERALD JOSEPH ASAY (Baton Rouge), 2021-OB-00069 (4/7/21): Conditional reinstatement granted.

IN RE LILLIAN MATENA BROWN-SINGH (Bogalusa), 2021-OB-00138 (4/13/21): Conditional reinstatement granted.