Preview:

SUPREME COURT OF LOUISIANA NO. 97-B-0825 IN RE: RONALD A. WELCKER DISCIPLINARY PROCEEDINGS PER CURIAM* This disciplinary proceeding arises from two counts of formal charges filed by disciplinary counsel against respondent, Ronald A. Welcker. The first count related to respondent's representation of an elderly client, Marguerite Hoffman, in connection with a

personal injury matter.

Respondent's contingency fee contract

provided that he would be given a power of attorney to execute settlement drafts and release agreements on Ms. Hoffman's behalf. During settlement negotiations, Ms. Hoffman became seriously ill and died on August 10, 1993. of the death by the heirs. Respondent was immediately notified

Nonetheless, he continued negotiations

with the tortfeasor and ultimately agreed to a settlement of $55,000. Upon receipt of the settlement draft on August 18, 1993,

eight days after Ms. Hoffman's death, he endorsed or caused to be endorsed the name of his deceased client and deposited the funds into his client trust account, even though the power of attorney expired under the law at the time of Ms. Hoffman's death. For several months, respondent failed to disclose to Ms. Hoffman's heirs that he settled the case. During this time, the

funds in respondent's trust account fell below the escrowed amount of the settlement. Upon learning from the insurance carrier Ms.

Hoffman's claim was settled more than a year before, the heirs retained counsel to recover the funds. Respondent did not make

restitution until August 1994, approximately one year after he received the funds. The second count arose from an unrelated matter in which
*

Knoll, J., not on panel.

Supreme Court Rule IV, Part 2,

Download 97-B-0825.pdf

Louisiana Law