In re Joanne S. Engum

Summary

The Supreme Court of Louisiana considered disciplinary charges against Joanne S. Engum arising from neglect of a criminal matter, failure to communicate, failure to refund unearned fees, and failure to cooperate with the disciplinary investigation. The court added the substantive misconduct to Engum's disciplinary record for future reinstatement consideration, imposed a consecutive six-month suspension for the failure to cooperate, and ordered restitution of unearned fees.

Holdings

1. The deemed-admitted facts established that Engum neglected a client matter, failed to communicate with her client, failed to timely account for or refund unearned fees, failed to comply with obligations upon termination of the representation, and failed to cooperate with the disciplinary investigation, violating Rules 1.3, 1.4, 1.5(f)(5), 1.16(d), 8.1(c), and 8.4(a).
2. The substantive misconduct in the Alston matter should be added to Engum's disciplinary record for consideration if she seeks reinstatement from the suspension imposed in Engum I, with no additional discipline imposed for that substantive misconduct in this proceeding.
3. Engum's failure to cooperate with the Office of Disciplinary Counsel's investigation warranted a separate six-month suspension running consecutively to the suspension imposed in Engum I.
4. Engum was ordered to make restitution of any unearned fees paid on behalf of Rhonda Alston.

Questions Presented

1. Whether the deemed-admitted factual allegations established violations of Rules 1.3, 1.4, 1.5(f)(5), 1.16(d), 8.1(c), and 8.4(a) of the Louisiana Rules of Professional Conduct.
2. Whether the substantive misconduct should be considered together with the misconduct underlying Engum's prior suspension under the Chatelain analysis.
3. Whether the failure to cooperate with the later disciplinary investigation warranted discipline separate from the prior suspension.
4. What sanction and restitution order were appropriate.

Disposition

other