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SUPREME COURT OF LOUISIANA NO. 97-B-3221 IN RE: PHYLLIS SOUTHALL ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM* This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Phyllis Southall, an attorney licensed to practice law in the State of Louisiana. The charges allege respondent allowed

her clients' claims to prescribe, failed to provide competent representation, communicate failed to act and with due diligence, in fraud, failed deceit to or

with

clients

engaged

misrepresentation, in violation of Rules 1.1(a), 1.3, 1.4, 1.16(d) and 8.4(a), (c) and (d) of the Rules of Professional Conduct. A review of the record indicates that the charges arose in connection with respondent's representation of Helen and Russell Senegal. Although the underlying facts are somewhat unclear, it

appears the Senegals initially retained respondent to institute a personal injury action and medical malpractice proceeding. the course of a meeting with respondent, the During also

Senegals

discussed with respondent certain uninsured motorist claims against State Farm Insurance Company ("State Farm") arising from a

vehicular accident which took place on February 7, 1993. While the Senegals alleged they retained the respondent at the meeting to represent them in their uninsured motorist claims against State Farm, respondent denied this assertion, maintaining the claims were discussed only in passing. In any event, the

record indicates that two days following the meeting, respondent wrote to State Farm advising that her office "has been retained to represent Mr. and Mrs. Senegal in the above referenced matter." Over the next two years, various correspondence took place between
*

Marcus, J. not on panel.

Rule IV, Part 2,

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Louisiana Law