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SUPREME COURT OF LOUISIANA NO. 98-B-0901 IN RE: TIMOTHY L. McCUNE

ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM* The Office of Disciplinary Counsel ("ODC") instituted an investigation into allegations of misconduct after several

complaints were filed against respondent, Timothy L. McCune, an attorney licensed to practice law in the State of Louisiana, alleging lack of due diligence, neglect of cases, failure to communicate, conversion of funds, fraud and misrepresentation. underlying facts surrounding the complaints are as follows: 1. In mid-1992, respondent knowingly deposited fraudulent and worthless checks totaling $33,655 with a financial institution drawn on his wife's account with the Jefferson Parish School Board Employees' Credit Union. He later withdrew the funds based on the deposits. As a result, criminal charges were brought in federal court. See United States v. Timothy L. McCune, No. 95-093 "K"(3), United States District Court for the Eastern District of Louisiana. 2. Jeffrey Scott Cross retained respondent to prepare a will for him. Cross died in June 1992, and over one year later, no succession proceeds had been distributed. The evidence indicated the succession funds were withdrawn by respondent in twenty-five separate transactions between October 1992 and April 1993. Respondent entered a guilty plea in Louisiana state court to theft in excess of $1,000 and was sentenced to two years imprisonment. State of Louisiana v. Timothy L. McCune, No. 370-899, Orleans Parish Criminal District Court, Div. "B". The two heirs filed complaints with the ODC. 3. Ronald Moore retained respondent to institute a personal injury suit against his employer. While respondent filed the suit, he failed to respond to discovery propounded by opposing counsel, thus, resulting in the dismissal of the suit. Moore filed a malpractice suit and when respondent again failed to respond, the trial court entered a default judgment in Moore's favor in the amount of $283,000. Moore and his attorney have since been unable to contact respondent. The

*

Knoll, J. not on panel.

Supreme Court Rule IV, Part 2,

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Louisiana Law