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SUPREME COURT OF LOUISIANA NO. 98-B-3008

IN RE: JOHN T. HOLMES

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This case arises from a petition for consent discipline filed by respondent, John T. Holmes. Respondent has stipulated to converting funds belonging to third party medical providers, and seeks an eighteen month suspension from the practice of law.

UNDERLYING FACTS The underlying facts are not in dispute. Respondent and Patrick Leitz1 were partners in the law firm of Leitz, Kurzweg, and Holmes. Respondent was responsible for disbursements from the law firm's trust account. In two separate instances occurring in 1992 and 1993, Leitz obtained settlements on behalf of clients. Respondent placed the funds in the firm's trust account, and clients were paid

their share of the settlements. Although respondent deducted medical expenses in the amount of $2,000 and $4,351 respectively from the settlements, he failed to pay the third party medical providers.2 Respondent stipulated that these funds were improperly placed in the operating account of the firm, in violation of Rule 1.15 3 of the Rules of Professional Conduct.

DISCIPLINARY PROCEEDINGS

*

Victory, J. not on panel. Rule IV, Part 2,

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