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May 26, 2000

SUPREME COURT OF LOUISIANA NO. 00-B-0148 IN RE: ROSE M. LAIN

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Rose M. Lain, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS Count I Willie and Maggie Dorty, residents of New Orleans, suffered damage to their home in the May 8, 1995 flood. The Dortys' home was mortgaged to Comerica Mortgage Corporation ("Comerica") and insured against flood damage under the National Flood Insurance Program. The Dortys made a flood damage claim, and in July 1995, the insurer issued a check in the amount of $20,027.57 payable to Mr. and Mrs. Dorty and Comerica. Under the terms of its mortgage agreement, Comerica was entitled to receive these proceeds and apply them to the Dortys' mortgage debt, or at the very least, to be assured that the proceeds were used to repair the damage to the Dortys' home (which served as collateral for Comerica's loan). Shortly after the check was issued, respondent contacted Comerica's attorney, indicating that she represented Mr. and Mrs. Dorty and that she believed they were entitled to keep a portion of the insurance proceeds for flood damage to their personal

*

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

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Louisiana Law