Louisiana State Bar Ass'n v. Williams

8 Citing cases

  1. In re Williams

    842 So. 2d 353 (La. 2003)   Cited 8 times

    We previously suspended respondent from practice for a minimum term of two years. Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La. 1986) ( "Williams I"). Our judgment in Williams I provided that respondent could petition for and obtain reinstatement at the end of the two-year period, provided that he had fulfilled certain conditions; however, if respondent had not fulfilled all of the specified conditions, "his suspension from the practice of law shall continue indefinitely."

  2. Attorney Grievance Comm'n of Md. v. Dailey

    467 Md. 563 (Md. 2020)

    ed personal loans from "former" clients. In such cases, courts have held that attorney-client relationships persisted (1) if the transactions are "the result of overreaching or manipulation of the former relationship," In re Riccio , 75 A.D.2d 687, 426 N.Y.S.2d 887, 888 (1980), or, stated differently, (2) "if the circumstances are such that the former client reasonably expects the lawyer to exercise professional judgment therein for the protection of the [former] client," In re Ioannou , 89 A.D.3d 245, 250, 932 N.Y.S.2d 52 (2011) (internal quotation omitted) (alteration in original); see also In re Imming , 131 Ill.2d 239, 137 Ill.Dec. 62, 545 N.E.2d 715, 721 (1989) (regarding loans from "former" clients for an attorney's non-legal business, holding that they "occurred so close in time to the respondent's legal services to each client as to cause the client to believe that the respondent's business relations were a continuation of the attorney-client relationship ") (emphasis added); La. St. Bar Ass'n v. Williams , 498 So.2d 727, 728 (La. 1986) ("A lawyer may not enter into a business transaction with a client if they have differing interests therein and if the client expects the lawyer to exercise his professional judgment on that matter for the protection of the client [.]") (emphasis added); Law. Disciplinary Bd. v. Battistelli , 206 W.Va. 197, 523 S.E.2d 257, 263 (1999) (noting that the "former" client "still considered the Respondent his attorney and felt obligated to give the Respondent the requested loan since the Respondent had assisted him in obtaining a favorable result" in his case). To determine if a financial transaction resulted from an overreaching or manipulation of the attorney-client relationship, courts have considered factors such as (a) the proximity in time between the last attorney-client interaction and the first conversation about the financial transaction at issue, (b) the location of the conversation (e.g. , in the attorney's office, "amidst the trappings of their attorney-client relationship"),

  3. Attorney Grievance Comm'n v. Dailey

    Misc. Docket AG No. 1 (Md. Mar. 18, 2020)

    t attorneys who solicited and received personal loans from "former" clients. In such cases, courts have held that attorney-client relationships persisted (1) if the transactions are "the result of overreaching or manipulation of the former relationship," In re Ricco, 426 N.Y.S.2d 887, 888 (N.Y. App. Div. 1980), or, stated differently, (2) "if the circumstances are such that the former client reasonably expects the lawyer to exercise professional judgment therein for the protection of the [former] client," In re Ioannou, 89 A.D.3d 245, 250 (N.Y. App. Div. 2011) (internal quotation omitted) (alteration in original); see also In re Imming, 545 N.E.2d 715, 721 (Ill. 1989) (regarding loans from "former" clients for an attorney's non-legal business, holding that they "occurred so close in time to the respondent's legal services to each client as to cause the client to believe that the respondent's business relations were a continuation of the attorney-client relationship") (emphasis added); La. St. Bar Ass'n v. Williams, 498 So.2d 727, 728 (La. 1986) ("A lawyer may not enter into a business transaction with a client if they have differing interests therein and if the client expects the lawyer to exercise his professional judgment on that matter for the protection of the client[.]") (emphasis added); Law. Disciplinary Bd. v. Battistelli, 523 S.E.2d 257, 263 (W. Va. 1999) (noting that the "former" client "still considered the Respondent his attorney and felt obligated to give the Respondent the requested loan since the Respondent had assisted him in obtaining a favorable result" in his case).

  4. In re Williams

    85 So. 3d 583 (La. 2012)   Cited 1 times

    In 1986, this court suspended respondent for a minimum term of two years for improperly entering into a business transaction with a client, charging an excessive legal fee in a worker's compensation case, and neglecting a legal matter. Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La.1986) ( "Williams I "). The court's judgment in Williams I provided that respondent could seek reinstatement at the end of the two-year period, provided he had fulfilled certain conditions; however, if respondent had not fulfilled all of the specified conditions, "his suspension from the practice of law shall continue indefinitely." These conditions included the payment of $8,275 in restitution to two clients, attainment of a satisfactory score on the Multistate Professional Responsibility Examination, and payment of all costs of Williams I.

  5. In re Gerdes

    74 So. 3d 650 (La. 2011)   Cited 1 times

    Mr. Williams is an attorney who has been suspended from the practice of law since 1986. See Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La.1986), and In re: Williams, 02–2698 (La.4/9/03), 842 So.2d 353. Nevertheless, on February 15, 1996, Mr. Williams attended Mr. DeGruy's deposition and the deposition of Tina Louise Davis.

  6. In re Gerdes

    869 So. 2d 106 (La. 2004)   Cited 2 times

    In 1986, Mr. Williams was suspended from the practice of law for a minimum of two years. Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La. 1986). The charges alleged that Mr. Williams engaged in a conflict of interest when he entered into a business transaction with a client without making full disclosure or advising his client to seek independent legal advice, charged an excessive legal fee in a worker's compensation case and neglected a legal matter.

  7. Lawyer Disciplinary Bd. v. Battistelli

    206 W. Va. 197 (W. Va. 1999)   Cited 20 times
    Finding that elements of trust, rapport, and gratitude were present to compel the conclusions that the attorney-client relationship had not terminated when the loan was procured.

    "Because the existence of any attorney-client relationship turns largely on the client's subjective belief that it exists, this court has held that an unsophisticated client who is asked for a loan by her attorney out of her settlement proceeds is justified in believing the lawyer is acting as her attorney and guardian of her interests." Louisiana State Bar Assoc. v. Williams, 498 So.2d 727, 728 (La. 1986), citing Louisiana State Bar Assoc. v. Bosworth, 481 So.2d 567 (La. 1986). Likewise, in Matter of McGlothlen, 663 P.2d 1330 (Wash.

  8. Louisiana State Bar Ass'n v. Amberg

    553 So. 2d 448 (La. 1990)   Cited 6 times

    The purpose of lawyer discipline proceedings is to protect the public and the administration of justice from lawyers who have not discharged, will not discharge, or are unlikely to properly discharge their professional duties to clients, the public, the legal system, and the legal profession. ABA Standards for Imposing Lawyer Sanctions, Standard 1.1. See also Louisiana State Bar Ass'n v. Dumaine, 550 So.2d 1197 (La. 1989); Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La. 1986); Louisiana State Bar Ass'n v. Drury, 455 So.2d 1387 (La. 1984); Louisiana State Bar Ass'n v. Hopkins, 447 So.2d 464 (La. 1984); Louisiana State Bar Ass'n v. O'Halloran, 412 So.2d 523 (La. 1982). The lawyer's duty to preserve his client's property should be one of his most deeply felt obligations, since it corresponds to his client's just claim to the attorney's loyal, diligent service.