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SUPREME COURT OF LOUISIANA NO. 98-B-1476 IN RE: WINTHROP G. GARDNER ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This attorney disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Winthrop G. Gardner, an attorney licensed to practice law in the State of Louisiana. The charges allege respondent violated Rules 1.4

(communication with clients), 1.5(c) (failing to obtain written contingency fee agreement), 1.8 (exploiting representation of client), 1.15(b)(c), 8.4 (a) (violation of the Rules of Professional Conduct, 8.4 (b) (committing a criminal act), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Rules of Professional Conduct.

UNDERLYING FACTS In April, 1995, the ODC received a complaint from Thomas and Ginger Boutwell relating to respondent's use of an American Express corporate card issued on the Boutwells' account. The ODC forwarded the complaint to respondent. On June 28, 1995, respondent filed a lengthy response, indicating he had used the credit card with the Boutwells' permission as part of a fee arrangement with the Boutwells. On January 14, 1997, the ODC filed formal charges against respondent. The formal charges alleged respondent made approximately 524 personal charges on the card, totalling $38,095.64, and failed to make timely reimbursement for at least $21,399.55 in personal charges. The charges were sent to respondent on January 21, 1991, at his office address, as listed on his attorney registration statement. On February 18, 1997, the ODC filed a motion to declare the factual allegations "deemed admitted" pursuant to Supreme Court Rule XIX,

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