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SUPREME COURT OF LOUISIANA NO. 98-B-0368 IN RE: WADE N. KELLY ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM* This attorney disciplinary proceeding arises from the filing of one count of formal charges by the Office of Disciplinary Counsel ("ODC") against respondent, Wade N. Kelly, an attorney licensed to practice law in the State of Louisiana, for converting funds belonging to his law firm, in violation of Rules 8.4(a) (violation of the Rules of Professional Conduct); 8.4(b) (engaging in criminal acts which adversely reflect on his fitness to practice law); and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Rules of Professional Conduct.

UNDERLYING FACTS The following findings of fact were made by the hearing committee and are supported by the record: 1. Wade N. Kelly is a licensed Louisiana attorney. 2. As a member of The Carmouche Law Firm, a professional corporation, Mr. Kelly diverted between February, 1990 and August, 1994, approximately $80,000 from the firm for his own use. Essentially, he would ask clients to make checks payable to himself personally and would deposit them in his personal account. The money represented fees for legal services performed by Mr. Kelly for those clients, which money should have been deposited into the law firm account to the benefit of the entire firm rather than Mr. Kelly individually. The money was never "on the books" of the firm. The clients were not asked to pay again. The firm was the sole victim of Mr. Kelly's appropriation. 3. Mr. Kelly did not have a reasonable, good faith belief that he was entitled to any of the money diverted nor does he claim such belief. Mr. Kelly never intended to repay the money. His statements to the contrary were
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Calogero, C.J. not on panel.

Rule IV, Part 2,

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Louisiana Law