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01/25/02 "See News Release 005 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 01-B-2720

IN RE: SPENCER W. KIMBALL, II

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM
This attorney disciplinary proceeding arises from seven counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Spencer W. Kimball, II,1 an attorney licensed to practice law in the State of Louisiana, but currently on interim suspension.

UNDERLYING FACTS Count I On November 26, 1996, Antonio McGee retained respondent for $700 to represent his friend in a criminal matter. Subsequently, respondent failed to take any measures on behalf of his client, failed to communicate with the client or Mr. McGee and failed to return the unearned fee, despite repeated requests. Count II In 1995 or 1996, Barry Alveris retained respondent for $125 to obtain a special commission card from the New Orleans Police Department. Subsequently,

respondent failed to take any action on behalf of his client and failed to respond to his client's requests for information.

Through a clerical error, respondent was erroneously referred to as "Spencer W. Kimball, III" in the proceedings in the hearing committee and disciplinary board. In fact, respondent's correct name, as listed on the bar rolls of this court as well as earlier pleadings filed in the court in connection with respondent's interim suspension, is "Spencer W. Kimball, II."

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Count III Janell Watson retained respondent for $283.88 to represent her son, who was incarcerated, in a criminal matter. Subsequently, respondent failed to take any measures on behalf of his client, refused to communicate with the client or Ms. Watson and failed to return the unearned fee, despite Ms. Watson's repeated requests. Count IV On September 29, 1997, Carolyn Williams retained respondent for $800 to handle a bond reduction matter for her son. Subsequently, respondent failed to take any measures on behalf of his client, failed to communicate with the client or Ms. Williams and failed to return the unearned fee, despite Ms. Williams' repeated requests. Count V In October 1997, Elliott Sanders retained respondent for $300 to represent him at a criminal hearing. Subsequently, respondent failed to appear at the hearing, thus, placing his client in danger of being incarcerated. Respondent failed to take any action on behalf of his client and failed to reply to his client's requests for information. Although Mr. Sanders wrote to respondent discharging him from the representation and seeking the return of the unearned fee, respondent failed to respond to the correspondence. Count VI On January 2, 1998, Cindy Stevenson retained respondent for $300 to represent her husband, who was incarcerated, at a bond reduction hearing. Respondent failed to appear at the hearing and failed to take any measures on behalf of his client. He failed to communicate with the client or Mrs. Stevenson, or return the unearned fee, despite Mrs. Stevenson's repeated requests.

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Count VII On February 18, 1998, respondent was arrested for possession of crack cocaine. On July 1, 1998, he entered a plea of nolo contendere to the charge and was sentenced to one year of imprisonment, suspended, subject to a one year period of active probation. State of Louisiana v. Kimball, 396, 223 "H," Criminal District Court for the Parish of Orleans, State of Louisiana

DISCIPLINARY PROCEEDINGS Motion for Interim Suspension Shortly after his conviction, respondent and the ODC filed a joint petition for immediate interim suspension. This court granted the request and placed respondent on interim suspension. In re: Kimball, 98-1372 (La. 6/17/98), 712 So. 2d 498.

Formal Charges After investigation, the ODC filed seven counts of formal charges alleging respondent's actions violated the following provisions of the Rules of Professional Conduct: Rules 1.4 (failure to communicate), 1.5(a)(6) (failure to refund unearned fees), 8.4(b) (commission of a criminal act adversely reflecting on a lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in conduct involving deceit, dishonesty, fraud, or misrepresentation) and 8.4(g) (failure to cooperate with the ODC) of the Rules of Professional Conduct. Respondent failed to file an answer to the charges and, as a result, they were deemed admitted pursuant to Rule XIX,

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