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SUPREME COURT OF LOUISIANA NO. 99-B-2862 IN RE: JAMES A. McCANN

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, James A. McCann, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS Gigi Scallan retained respondent to handle a personal injury matter. In

September 1990, respondent settled Ms. Scallan's claim for $8,500, of which he retained $5,000 to pay medical expenses incurred by Ms. Scallan. According to respondent, he placed the money in his client trust account, but before he could disburse the funds, the Internal Revenue Service seized his client trust account, along with all of his other accounts. As a result, respondent failed to pay Ms. Scallan's medical providers, and additionally, he failed to respond to Ms. Scallan's requests to return the funds so that she could pay the medical providers. The failure to pay the medical providers damaged Ms. Scallan's credit rating, causing her emotional and financial harm. Ms. Scallan subsequently retained new counsel and filed suit against respondent. In May 1992, she obtained a $25,000 default judgment against respondent. Respondent failed to pay the judgment. As of the date of the filing of the formal

*

Traylor, J., not on panel. Rule IV, Part II,

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Louisiana Law