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06/25/04 "See News Release 053 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 04-B-0167 IN RE: JOHN D. COLLINSWORTH 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, John D. Collinsworth, a disbarred attorney.

PRIOR DISCIPLINARY HISTORY Prior to addressing the instant misconduct, we find it helpful to review respondent's disciplinary history. Respondent was admitted to the practice of law in Louisiana in 1977. In 1991, respondent was admonished by the disciplinary board for failing to cooperate with the ODC in a disciplinary investigation. Beginning in July 1998, and continuing through at least April 1999, respondent converted funds from his law firm's operating and client trust accounts. The law firm filed a complaint against respondent in July 1999, but respondent failed to cooperate with the ODC in its investigation of the matter. We disbarred respondent for his conduct on September 21, 2001. In re: Collinsworth, 01-1628 (La. 9/21/01), 795 So. 2d 312.

UNDERLYING FACTS On May 20, 2000, Terry Greer paid respondent $500 to represent him in a divorce proceeding. Respondent did some work on the case, but failed to complete the representation and failed to communicate with his client concerning the matter. He also failed to promptly refund the unearned portion of the legal fee Mr. Greer paid.

In May 2001, Mr. Greer filed a complaint against respondent with the ODC. On June 19, 2001, and again on July 11, 2001, the ODC forwarded a copy of the complaint to respondent by certified mail. Respondent failed to reply to the

complaint. The ODC thereafter served respondent with a subpoena compelling him to appear on September 4, 2001 and answer the complaint under oath. Respondent failed to appear.

DISCIPLINARY PROCEEDINGS On February 13, 2002, the ODC filed two counts of formal charges against respondent, alleging that his conduct in the Greer matter violated the following provisions of the Rules of Professional Conduct: Rules 1.3 (failure to act with reasonable diligence and promptness in representing a client), 1.4 (failure to communicate with a client), 1.5(f)(6) (failure to refund an unearned fee), 1.16(d) (termination of the representation), 3.4(c) (knowing disobedience of an obligation under the rules of a tribunal), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(g) (failure to cooperate with the ODC in its investigation). The ODC further alleged that respondent's knowing failure to respond to a lawful demand for information from a disciplinary authority constituted a violation of Supreme Court Rule XIX,

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