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SUPREME COURT OF LOUISIANA NO. 98-B-2826 IN RE: TERRANCE J. POWERS

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This attorney disciplinary proceeding arises from two counts of formal charges instituted by the Office of Disciplinary Counsel ("ODC") against respondent, Terrance J. Powers, an attorney licensed to practice law in the State of Louisiana.

UNDERLYING FACTS In August of 1994, Denis Holt paid respondent a $1,250 retainer fee in connection with a redhibition matter. Respondent initially pursued the matter; however, on March 2, 1995, he failed to appear at a scheduled deposition. Subsequently, respondent did little or nothing on behalf of his client. In addition to failing to communicate with his client, respondent failed to provide an accounting or to return the unearned portion of the retainer fee. In April of 1996, Mr. Holt filed a complaint with the ODC. Respondent failed to cooperate in the ODC's investigation, requiring the ODC to issue a subpoena compelling his appearance for a scheduled deposition. Respondent appeared, but he failed to produce the requested documents. During its investigation, the ODC learned respondent had been ineligible to practice since August 16, 1996, due to his failure to complete his Mandatory Continuing Legal Education ("MCLE") requirements.1

DISCIPLINARY PROCEEDINGS After the completion of its investigation, the ODC filed formal charges. The charges primarily alleged respondent failed to represent Mr. Holt with competence and diligence, in violation

*

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

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Louisiana Law