In re Newman

Summary

The Louisiana Supreme Court reviewed attorney disciplinary proceedings against Clifford L. Newman arising from neglect of two client matters, failures to communicate, failure to provide a client file, an unwritten contingency-fee agreement, and an improper malpractice settlement. The court adopted the disciplinary board’s recommendation and suspended Newman for 90 days, with all but 30 days deferred, followed by one year of probation and completion of the Louisiana State Bar Association’s Ethics School.

Holdings

1. The record established that Newman neglected two legal matters, failed to communicate with two clients, failed to reduce a contingency-fee agreement to writing, improperly settled a malpractice claim with a client without written advice to seek independent counsel, and failed to promptly return a client's file. These actions violated the Louisiana Rules of Professional Conduct as found by the hearing committee and disciplinary board.
2. A 90-day suspension from the practice of law, with all but 30 days deferred, followed by one year of probation conditioned on completion of the Louisiana State Bar Association's Ethics School, was an appropriate sanction.

Questions Presented

1. Whether the record established by clear and convincing evidence that Newman violated the Louisiana Rules of Professional Conduct through neglect, failure to communicate, failure to use a written contingency-fee agreement, failure to return a client file, improper settlement of a malpractice claim, and inadequate supervision of staff.
2. What sanction was appropriate in light of the misconduct, the harm to the clients, and the aggravating and mitigating circumstances.

Disposition

other