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10/26/01 "See News Release for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 01-B-1948

IN RE: JAMES ASHLEY VAUGHAN

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This attorney disciplinary proceeding arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, James Ashley Vaughan, an attorney licensed to practice law in the State of Louisiana, but currently on suspension. UNDERLYING FACTS In May 1997, Leonard L. Little retained respondent for $750 to handle a child support matter. Subsequently, respondent closed his office without informing Mr. Little. Respondent failed to account for or return any unearned fee, as well as failed to return his client's files which contained original documents. Subsequently, Mr. Little filed a complaint with the ODC. The ODC sent a copy of the complaint to respondent's registered address, which was the home of his wife's parents. Although the letter was signed for by a member of respondent's family, he neglected to submit a response. Subsequently, the ODC was unsuccessful in serving a subpoena on respondent, but learned in its investigation that respondent, who had joined the military, had moved on several occasions. Respondent eventually contacted the ODC and indicated he was residing in North Carolina. He stated that his files, presumably including Mr. Little's files, were in storage in Virginia, and that he was expecting them to be delivered to his new
*

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

address. The ODC forwarded a request for additional information to respondent, but respondent failed to reply to the request.

DISCIPLINARY PROCEEDINGS Formal Charges After investigation, the ODC filed two counts of formal charges against respondent, based on his conduct in the Little matter and his failure to cooperate in the resulting disciplinary investigation. The ODC alleged respondent's actions

constituted a violation of the following Rules of Professional Conduct: Rules 1.3 (lack of due diligence and promptness), 1.4 (failure to communicate with a client), 1.5(f)(6) (fee arrangements), 1.15(b) (failure to account for or return unearned fee), 1.16(a) (failure to properly withdraw from legal representation), 1.16(d) (improper termination of representation), 3.4(c) (knowing failure to comply with orders of a tribunal), 8.1(b) (failure to respond to a lawful demand for information from a disciplinary authority), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of Rules of Professional Conduct), 8.4(d) (engaging in conduct prejudicial to the administration of justice) and 8.4(g) (failure to cooperate with the ODC), as well as Supreme Court Rule XIX,

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Louisiana Law