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SUPREME COURT OF LOUISIANA NO. 98-B-0652 IN RE: BERNARD JACK USPRICH ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM* This attorney disciplinary proceeding arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Bernard Jack Usprich, an attorney licensed to practice law in Louisiana. The charges allege respondent violated Rules 1.3

(lack of due diligence), 1.4 (failure to comply with reasonable requests for information), 1.5(f)(6) (failure to return undisputed portion of fee and keep disputed portion in trust account), 1.15(b) (failure to refund and account for client funds), 1.16(d) (failure to protect client interests upon termination of representation), 3.4(c) (knowing disobeyance of an obligation under the rules of a tribunal), 8.4(a) (violating Rules of Professional Conduct) and 8.4(c) (conduct involving fraud, deceit, dishonesty or

misrepresentation) of the Rules of Professional Conduct.

UNDERLYING FACTS The record indicates that in October, 1995, Mrs. Mary Smith retained respondent to review the federal criminal trial record of her nephew, Reginald White, and to investigate the feasibility of filing a "Section 2255 Motion" and/or writ

application on behalf of Mr. White.

Mrs. Smith paid respondent an

initial retainer fee of $750 and subsequently paid a fee of $1,000 for respondent to pursue the matter. Additionally, Mrs. Smith paid

respondent a retainer of $250 to represent her in connection with the removal of a lien against property owned by her father, paying a retainer of $250. Despite repeated requests by Mrs. Smith, respondent

failed to undertake substantive efforts to pursue either matter.
*

Lemmon, J. not on panel.

Rule IV, Part 2,

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Louisiana Law