In re Hawkins

Summary

The Louisiana Supreme Court considers disciplinary charges against attorney Edwin D. Hawkins arising from the abandonment of multiple client matters, failure to refund unearned fees, and failure to cooperate with disciplinary investigations. The court concludes that Hawkins repeatedly and intentionally converted client funds, causing substantial harm, and orders his permanent disbarment and restitution to his victims.

Holdings

1. When a lawyer fails to answer formal charges, the factual allegations are deemed admitted and proven by clear and convincing evidence under Supreme Court Rule XIX, § 11(E)(3), but legal conclusions flowing from those facts are not automatically deemed admitted.
2. The admitted facts established that Hawkins neglected legal matters, failed to communicate with clients, failed to properly withdraw from representations, failed to refund unearned fees, and failed to cooperate with the Office of Disciplinary Counsel, violating the Rules of Professional Conduct as charged.
3. Permanent disbarment was warranted where the lawyer committed repeated or multiple instances of intentional conversion of client funds with substantial harm, as described in Guideline 1 of the permanent-disbarment guidelines.
4. Hawkins was required to make restitution to the clients whose unearned fees he retained.

Questions Presented

1. Whether the factual allegations in the formal charges were deemed admitted and proven under Supreme Court Rule XIX, § 11(E)(3).
2. Whether the admitted facts established violations of the Louisiana Rules of Professional Conduct.
3. Whether the appropriate sanction was permanent disbarment based on repeated or multiple instances of intentional conversion of client funds with substantial harm.
4. Whether Hawkins should be ordered to make restitution to his victims.

Disposition

other