In Re: Donald R. Dobbins

2019-B-01346 · Supreme Court of Louisiana · January 29, 2020 · No. 2019-B-01346

Summary

The Louisiana Supreme Court disciplined attorney Donald R. Dobbins for misconduct arising from five client matters, including succession, custody, personal injury, and settlement representations. The court imposed a suspension of one year and one day, ordered restitution of $2,440 to Linder Smith and $2,000 to Patsy Godfrey, and assessed costs against him.

Holdings

  1. The record established that Dobbins violated the Rules of Professional Conduct by failing to provide competent representation, neglecting legal matters, failing to communicate, failing to refund unearned fees and unused costs, failing to supervise non-lawyer staff, causing false affidavits to be filed, failing to reduce a contingency-fee agreement to writing, forging or permitting the forging of client signatures on settlement checks, and failing to place disputed funds in his trust account.
  2. Although the Supreme Court is not bound by the findings or recommendations of the hearing committee or disciplinary board, the manifest-error standard applies to the hearing committee's factual findings.
  3. A one-year-and-one-day suspension from the practice of law was appropriate, together with restitution of $2,440 to Linder Smith and $2,000 to Patsy Godfrey and assessment of costs.

Questions Presented

  1. Whether the record established by clear and convincing evidence that Dobbins violated the Louisiana Rules of Professional Conduct.
  2. What sanction was appropriate in light of the misconduct, actual harm, aggravating and mitigating circumstances, prior discipline, and delay in the disciplinary proceedings.
  3. Whether restitution should be ordered to Linder Smith and Patsy Godfrey and whether costs should be assessed against Dobbins.

Disposition

other

Cases Cited (9)

  • In re: Dobbins, 01-2022 (La. 1/15/02), 805 So. 2d 133(followed as prior disciplinary history)
  • In re: Dobbins, 05-1464 (La. 6/15/05), 903 So. 2d 1129(followed as prior disciplinary history)
  • In re: Banks, 09-1212 (La. 10/2/09), 18 So. 3d 57(followed)
  • In re: Caulfield, 96-1401 (La. 11/25/96), 683 So. 2d 714(followed)
  • In re: Pardue, 93-2865 (La. 3/11/94), 633 So. 2d 150(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)
  • In re: Evans, 16-1115 (La. 12/6/16), 218 So. 3d 1015(applied by analogy)
  • In re: Jones, 12-1700 (La. 1/25/13), 106 So. 3d 1019(applied by analogy)

Cited In (0)

No citing cases on record yet.

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