In re Schmidt

Summary

The Louisiana Supreme Court reviews disciplinary charges against attorney Thomas Robert Schmidt arising from his representation of four clients. The court found violations involving inadequate diligence and communication, mishandling of advance fees and client property, failure to return unearned fees and files, and failure to cooperate with disciplinary authorities. Schmidt was suspended for one year and one day, with all but sixty days deferred, followed by two years of supervised probation and specified conditions.

Holdings

1. The record established that Schmidt violated the Rules of Professional Conduct by failing to complete clients' legal matters, failing to communicate with clients, failing to promptly return unearned fees and client files, and failing to cooperate with the Office of Disciplinary Counsel in the Ball matter.
2. A suspension from the practice of law for one year and one day was appropriate for Schmidt's misconduct, with all but sixty days deferred and followed by two years of supervised probation.
3. A fee paid in advance to secure future legal services is generally not earned until the lawyer performs the services, regardless of how the fee is characterized in the retainer agreement.

Questions Presented

1. Whether the record established by clear and convincing evidence that Schmidt violated the Louisiana Rules of Professional Conduct.
2. What sanction was appropriate for Schmidt's multiple instances of client neglect, deficient communication, mishandling of advanced fees and client property, and failure to cooperate with the Office of Disciplinary Counsel.
3. Whether the circumstances warranted deferring most of the suspension and imposing supervised probation rather than requiring immediate service of the full suspension.

Disposition

other