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03/09/2007 "See News Release 17 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 06-B-2948 IN RE: LAWRENCE H. MARTIN, JR.

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Lawrence H. Martin, Jr., an attorney licensed to practice law in Louisiana but currently ineligible to practice.1

UNDERLYING FACTS In 2002, Victor Baldovino hired respondent to represent him in a Chapter 13 bankruptcy. He paid respondent $600 plus court costs. Respondent filed the bankruptcy petition, but the trustee objected. Respondent failed to inform Mr. Baldovino of the objection and the requirement that he pay pursuant to the bankruptcy plan. The court denied the confirmation of the bankruptcy plan on July 23, 2002. Mr. Baldovino believed respondent would amend the plan. However, the amendment was not filed. Therefore, the trustee filed a motion to dismiss, which was set for hearing on August 20, 2002. Respondent failed to inform Mr. Baldovino of the hearing. He also failed to object to the motion. Consequently, Mr. Baldovino's case was dismissed. During this time period, Mr. Baldovino attempted to contact respondent but was unsuccessful.

Respondent has been ineligible to practice law since September 7, 2004 for failing to pay his bar dues and the disciplinary assessment. Respondent has also been ineligible to practice law since July 27, 2006 for failing to comply with the mandatory continuing legal education requirements.

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Subsequently, Mr. Baldovino hired other counsel to represent him. His new counsel filed another bankruptcy petition, and his bankruptcy plan was eventually approved. On August 12, 2003, Mr. Baldovino forwarded a certified letter to respondent, which included an itemization of costs totaling $3,400, which he incurred due to respondent's negligence. On November 3, 2003, respondent forwarded Mr.

Baldovino a $1,000 check and indicated he would make two more monthly payments to pay the balance. However, he failed to make the rest of the payments. In December 2003, the ODC forwarded respondent notice of Mr. Baldovino's complaint against him via certified mail. Respondent failed to respond to the notice or a follow-up letter also sent via certified mail. The ODC's further efforts to contact respondent were unsuccessful.

DISCIPLINARY PROCEEDINGS After investigation of Mr. Baldovino's complaint, the ODC filed one count of formal charges against respondent, alleging his conduct violated the following 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 account for or refund an unearned fee), 1.16(d) (obligations upon termination of the representation), and 8.1(c) (failure to cooperate with the ODC in its investigation). Respondent was served with the formal charges via certified mail delivered on March 24, 2005. Respondent failed to answer or otherwise reply to the formal charges. Accordingly, the factual allegations contained therein were deemed

admitted and proven by clear and convincing evidence pursuant to Supreme Court

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Rule XIX,

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