In re Jo Anne Fleming

Summary

The Louisiana Supreme Court considers consolidated attorney disciplinary proceedings against Jo Anne Fleming involving 42 counts of misconduct, including neglect and abandonment of client matters, failure to refund unearned fees, unauthorized practice of law, and failure to cooperate with disciplinary authorities. The disciplinary board found intentional conversion of client funds and recommended permanent disbarment, restitution or accounting, and payment of proceeding costs.

Holdings

1. The record established that Fleming violated multiple Rules of Professional Conduct by neglecting client matters, failing to communicate, failing to comply with duties upon termination, failing to expedite litigation, failing to provide competent representation, failing to return unearned fees, engaging in prejudicial conduct, engaging in a conflict of interest, engaging in the unauthorized practice of law, and failing to cooperate with disciplinary investigations.
2. Permanent disbarment was warranted because Fleming repeatedly and intentionally converted client funds, causing substantial harm, and her conduct fell within Guideline 1 of the permanent disbarment guidelines.
3. Fleming was required to furnish complete accountings and full restitution to all persons who were subjects of the formal charges and to pay all costs and expenses of the proceedings.

Questions Presented

1. Whether the record established by clear and convincing evidence that Fleming violated multiple Louisiana Rules of Professional Conduct.
2. What sanction was appropriate for Fleming's knowing and intentional misconduct, including whether the misconduct warranted permanent disbarment under Guideline 1 of the permanent disbarment guidelines.
3. Whether Fleming should be ordered to provide accountings, make restitution, and pay the costs of the disciplinary proceedings.

Disposition

other