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SUPREME COURT OF LOUISIANA NO. 00-B-0028 IN RE: CLIFTON J. SPEARS, JR.

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This disciplinary matter arises from a petition for consent discipline filed by respondent, Clifton J. Spears, Jr., prior to the institution of formal charges. The Office of Disciplinary Counsel ("ODC") concurred in the petition, and the disciplinary board recommended the petition be accepted.

UNDERLYING FACTS The facts were stipulated by respondent. In February 1995, Debra Mose contacted respondent to discuss a personal injury matter. Respondent and Ms. Mose did not discuss the issue of fees, nor enter into a written contract. Thereafter, respondent failed to file suit on Ms. Mose's behalf before the running of prescription. Nevertheless, respondent led Ms. Mose to believe that her claim was still viable. He then paid her $5,000 from his personal funds and led her to believe that these funds were from a settlement of the case. After learning of respondent's conduct, Ms. Mose filed a legal malpractice suit against him.

DISCIPLINARY PROCEEDINGS

*

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

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