Summary
The Louisiana Supreme Court disbarred Michael C. Weber for neglecting a client matter, failing to communicate, converting client funds, failing to cooperate with disciplinary authorities, and violating multiple Rules of Professional Conduct. The court also ordered full restitution with interest to the former client and assessed the costs of the proceedings against Weber.
Holdings
- When a lawyer does not answer formal disciplinary charges, the factual allegations are deemed admitted and proven by clear and convincing evidence under Supreme Court Rule XIX, § 11(E)(3).
- The respondent violated the charged Rules of Professional Conduct by neglecting a legal matter, failing to communicate with his client, converting and failing to remit client funds, and failing to cooperate with the Office of Disciplinary Counsel.
- Disbarment was warranted for the knowing and intentional conversion of client funds, together with the extensive deprivation, significant harm and inconvenience to the client, failure to make restitution, and aggravating circumstances.
Questions Presented
- Whether the respondent's failure to answer the formal charges caused the factual allegations to be deemed admitted under Supreme Court Rule XIX, § 11(E)(3).
- Whether the deemed-admitted facts established violations of the Louisiana Rules of Professional Conduct, including neglect, failure to communicate, mishandling and conversion of client funds, and failure to cooperate with the Office of Disciplinary Counsel.
- What sanction was appropriate for the respondent's misconduct involving conversion of client funds, client neglect, failure to communicate, and failure to cooperate with disciplinary authorities.
Disposition
other
Cases Cited (7)
- In re: Banks, 09-1212 (La. 10/2/09), 18 So. 3d 57(followed)
- In re: Donnan, 01-3058 (La. 1/10/03), 838 So. 2d 715(followed)
- Louisiana State Bar Ass'n v. Reis, 513 So. 2d 1173 (La. 1987)(followed)
- Louisiana State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984)(followed)
- Louisiana State Bar Ass'n v. Hinrichs, 486 So. 2d 116 (La. 1986)(followed)
- In re: Hatfield, 08-2632 (La. 2/20/09), 2 So. 3d 425(followed)
- In re: Poirrier, 01-1116, 01-1118 (La. 6/29/01), 791 So. 2d 94(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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