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02/08/02 "See News Release 010 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 01-B-2930 IN RE: FELICIA NICOLE GRAHAM

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

UNDERLYING FACTS 98-DB-050 Count I In June 1995, Erica Williams retained respondent to handle her divorce. She paid respondent a $100 retainer, plus $200 for filing fees. On May 16, 1996, respondent filed the petition for divorce on behalf of her client. Thereafter, respondent performed no further work in the case, and did not communicate with her client. As a result, Ms. Williams filed a complaint with the ODC.

Count II The ODC sent notice of Ms. Williams' complaint to respondent. She failed to respond. The ODC then served respondent with a subpoena ordering her to appear in order to make a sworn statement. Respondent failed to appear pursuant to the subpoena.

99-DB-056 Jeffrey S. Brumfield retained respondent to represent him in connection with a personal injury case. The case eventually settled, and the settlement funds were disbursed in July 1998. Respondent withheld $667.90 from the settlement proceeds to pay a third-party health care provider, but failed to pay the provider until January 1999, causing her client to be subjected to numerous collection attempts.

00-DB-007 In June 1999, Willie Turner contacted respondent for the purpose of having her assume his representation in a civil suit that had been filed on his behalf by another attorney. Mr. Turner had his case file sent to respondent. Thereafter, he was unable to contact respondent, and he ultimately filed a complaint with the ODC. The ODC sent notice of this complaint to respondent, but she failed to reply. It then issued a subpoena compelling her to appear and give a sworn statement. Respondent failed to appear pursuant to the subpoena.

DISCIPLINARY PROCEEDINGS Formal Charges After investigation, the ODC filed formal charges against respondent, alleging several violations of the Rules of Professional Conduct. In 98-DB-050, the ODC alleged that in connection with her representation of Ms. Williams, respondent violated Rule 1.3, by failing to act with reasonable diligence and promptness, and Rule 1.4, by failing to keep her client reasonably informed about the status of a matter. The ODC further alleged respondent violated Rules 8.1(c) and 8.4(g) when she failed to cooperate with the ODC in its investigation of this matter.

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In 99-DB-056, the ODC alleged that respondent violated Rule 1.15(b) by failing to promptly deliver funds to a third-party health care provider. In 00-DB-007, the ODC alleged respondent again violated Rules 8.1(c) and 8.4(g) by failing to cooperate in the disciplinary investigation of the Turner complaint. Respondent did not file an answer in 98-DB-050 or 99-DB-056.1 Respondent filed an answer in 00-DB-007, contending she was suffering personal problems at the time of the investigation of the Turner complaint, and therefore was unable to respond to the complaint or subpoena. In light of respondent's answer, a formal hearing was scheduled on these charges.

Recommendations of the Hearing Committees2 98-DB-050 Because respondent failed to file an answer, the hearing committee found the charges against her in this matter were deemed admitted and proven by clear and convincing evidence, by operation of Supreme Court Rule XIX,

Download 2001-B-2930 IN RE: FELICIA NICOLE GRAHAM.pdf

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