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May 26, 2000

SUPREME COURT OF LOUISIANA NO. 00-B-0086 IN RE: EARL BOYDELL, JR.

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Earl Boydell, Jr., an attorney licensed to practice law in the State of Louisiana.

UNDERLYING FACTS In September 1984, Cynthia Ratcliff retained the law firm of DuBarry and Boydell1 to represent her in a wrongful death and survival action arising out of the death of her husband. The firm filed suit on behalf of Mrs. Ratcliff and her two-yearold son in October 1984. The case was set for trial in October 1985, but during jury selection, the parties agreed to settle the matter. The settlement consisted of an immediate cash payment to Mrs. Ratcliff (the "cash portion"), in addition to a deferred portion which was placed into an annuity (the "structured portion") for the benefit of herself and her son. Because the firm had not previously handled a settlement structured in this fashion, respondent was unsure how to calculate the 40% contingency fee due the firm

*

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

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