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SUPREME COURT OF LOUISIANA NO. 98-B-0971 IN RE: TIMOTHY A. JONES

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*

This attorney disciplinary proceeding arises from one count of formal charges instituted by the Office of Disciplinary Counsel ("ODC") against respondent, Timothy A. Jones, an attorney licensed to practice law in the State of Louisiana. The charges allege violations of the Rules of Professional Conduct, specifically, Rules 1.15(a) (failure to keep funds of a client or third party separate from attorney's own funds), 1.15(b) (failure to refund and account for client funds), 1.15(c) (failure to keep disputed client property separate from his own property), 8.4(a) (violating the Rules of Professional Conduct), 8.4(b) (engaging in criminal acts adversely reflecting on a lawyer's honesty) and 8.4(c) (engaging in conduct involving fraud, deceit, dishonesty or misrepresentation).

UNDERLYING FACTS Respondent was retained by Sylvester Lavergne in connection with a personal injury matter. In 1993, the matter was settled for $14,867.99. Respondent distributed $12,367 in settlement funds to his client, but retained the remaining $2,500 in settlement funds, allegedly to cover payment of Mr. Lavergne's future medical bills. However, the record indicates that respondent paid only one debt on Mr. Lavergne's behalf, in the amount of $270. Bank records indicate that on numerous occasions between 1993 and 1996, the amount in respondent's trust account fell below $2,500. During this time, respondent failed to respond to his client's inquiries and demands regarding the funds, and failed to pay an outstanding medical bill as requested by Mr. Lavergne. As a result, Mr. Lavergne hired two separate attorneys to assist him in collecting the funds. Respondent did not refund the balance of these funds to his client until June 4, 1996, after the filing of the bar disciplinary complaint.

*

Johnson, J. not on panel. Rule IV, Part II,

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