Preview:

SUPREME COURT OF LOUISIANA NO. 98-B-0288 IN RE: DAVID ALLAN HILBURN ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM* This attorney disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, David Allan Hilburn, an attorney

licensed to practice law in the State of Louisiana. The record indicates that respondent, while acting as the treasurer of the Bossier Parish Bar Association, misappropriated funds of the association for his personal use and benefit.

Specifically, on or about November 16, 1995, December 14, 1995 and December 15, 1995, respondent withdrew, without authorization, $400, $400, and $1,000, respectively, from the bar association's bank account. The misappropriation was discovered by the president

of the association, Lance Mosley, when he was notified by the bank that the account was overdrawn. In mid-January, 1996, after Mr.

Mosley confronted respondent regarding the theft, the funds were replaced in full. Subsequently, a complaint against respondent was filed with the ODC. When the respondent failed to comply with several

requests for information from the ODC, a subpoena was issued compelling his cooperation. Later, respondent answered, admitting He claimed he

he diverted the funds, but intended to repay them.

"borrowed" the money for himself, since his personal assets were frozen due to pending divorce litigation, and to aid a client, whose identity respondent refused to reveal on the basis that it was protected by the attorney-client privilege. On August 29, 1996, formal charges were filed against

*

Victory, J. not on panel.

Rule IV, Part 2,

Download 98-B-0288 IN RE: DAVID ALLAN HILBURN.pdf

Louisiana Law