In re Derouen

Summary

The Louisiana Supreme Court disbarred Peter Brian Derouen for neglecting a personal injury representation, failing to communicate and return the client’s file, converting client and third-party settlement funds, and failing to cooperate with the disciplinary investigation. The court ordered full restitution to the client and medical providers and assessed the costs of the proceeding against him.

Holdings

1. Unanswered formal charges establish the factual allegations as deemed admitted and proven by clear and convincing evidence, but they do not automatically establish legal conclusions; the record must support the rule violations when those conclusions are not readily apparent from the admitted facts.
2. The record established that respondent neglected Garner's settlement, converted client and third-party funds, failed to cooperate with the Office of Disciplinary Counsel, and violated the Rules of Professional Conduct alleged in the formal charges.
3. Disbarment was warranted for respondent's conversion of settlement funds, substantial harm to the client and others, failure to make restitution, and aggravating conduct during the disciplinary proceeding.
4. Respondent was required to make full restitution of all money owed to Garner and her medical providers and to pay the costs and expenses of the proceeding.

Questions Presented

1. Whether the unanswered formal charges and record established violations of the Louisiana Rules of Professional Conduct.
2. Whether respondent's knowing or intentional conversion of client and third-party settlement funds, failure to provide the client file and accounting, and noncooperation with disciplinary authorities warranted disbarment.
3. Whether respondent should be ordered to make restitution to the client and medical providers and pay the costs of the proceeding.

Disposition

other