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04/09/2010 "See News Release 026 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 09-B-2622 IN RE: JOHN T. BENNETT

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM*
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, John T. Bennett, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS The underlying facts of this matter are not in dispute, having been stipulated to by the parties. Between November 1, 2006 and March 30, 2007, Theresa Desselle Adducci worked as respondent's paralegal. As part of her regular duties, Ms. Adducci assisted in preparing client accountings related to the disbursement of personal injury settlements. The accounting records of respondent's personal injury cases were primarily kept at and by the Michael Carbo CPA firm in Alexandria. When a personal injury case settled, Ms. Adducci notified the Carbo firm of the settlement amount and requested checks to be used in the settlement disbursement. Respondent supplied the Carbo firm with the preliminary disbursement information, and Ms. Adducci supplied the Carbo firm with any additional information about costs and expenses that were not already reported. The Carbo firm then prepared the settlement disbursement sheets,

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Chief Justice Kimball not participating in the opinion.

checks, and settlement accountings and forwarded them to respondent's office. This procedure was established so the Carbo firm could assist respondent by preparing the initial settlement documents, preparing settlement checks for respondent's signature, and providing material to respondent for review and disbursement of settlement proceeds. By the nature of her duties, Ms. Adducci had access to respondent's trust and operating accounts. However, she did not have signature authority on these accounts. She used her assigned tasks to gain access to the accounts for her own personal benefit.1 Between November 1, 2006 and March 30, 2007, respondent was seriously ill. While he received medical care and recuperated, he was out of the office and/or he spent limited time in the office. During this time, respondent failed to properly supervise Ms. Adducci's access to his trust and operating accounts. As a result, he did not detect her actions, allowing her to commingle, convert, and/or misappropriate funds from the accounts. Through her unauthorized acts, Ms. Adducci took certain client funds and funds belonging to respondent, converting said funds from respondent's trust and operating accounts. Respondent reported Ms. Adducci's conduct to the Avoyelles Parish District Attorney at the end of March 2007.2 Respondent identified all clients whose funds may have been taken by Ms. Adducci. He made those clients whole using his personal funds, and no client was permanently deprived of money or property. In particular, Ms. Adducci's actions affected three clients as follows:

In the summer of 2006, respondent learned that Ms. Adducci's previous employer had accused her of embezzling $100,000. After receiving this information, respondent informed Ms. Adducci that she was no longer allowed to handle money at his office. However, she continued to request checks from the Carbo firm. In July 2007, Ms. Adducci entered into an anti-theft pre-trial intervention program and agreed to pay $16,696.02 in restitution. 2
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An $833.33 settlement disbursement check made payable to Eugene Goods was returned to respondent's office because of an incorrect address. Ms. Adducci voided the check and had another check in that amount issued to respondent as "fee." She then forged respondent's signature, cashed the check, and kept the funds. On October 2, 2007, respondent paid $833.33 in restitution to Mr. Goods. Rudolph and Rita Ponthieux's cases settled for a combined total of $43,977.91. Respondent's expenses totaled $4,575.08. Ms. Adducci requested two checks be issued from the settlement amount for reimbursement of the expenses

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Louisiana Law