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SUPREME COURT OF LOUISIANA NO. 98-B-3014

IN RE: PATRICK LEITZ

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This case arises from a petition for consent discipline filed by respondent, Patrick Leitz. Respondent has stipulated to failing to supervise his law partner's activities regarding the law firm's trust account, which resulted in his partner's conversion of funds belonging to third party medical providers. Additionally, respondent acknowledges that he failed to communicate with a client. As a sanction, respondent seeks a sixty day suspension from the practice of law.

UNDERLYING FACTS The underlying facts are not in dispute. Respondent and John T. Holmes1 were partners in the law firm of Leitz, Kurzweg, and Holmes. Holmes was responsible for disbursements from the law firm's trust account. In two separate instances occurring in 1992 and 1993, respondent obtained settlements on behalf of clients. The funds were placed in the firm's trust account, and clients were paid their share of the settlements. Although Holmes 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. Holmes eventually disbursed these funds through the law firm's operating account, apparently without respondent's knowledge. When respondent learned of Holmes' failure to remit the funds to the third party providers, respondent made restitution to them. However, respondent admitted he failed to report Holmes' misconduct, as required by Rule 8.3
2

of the Rules of Professional Conduct.

*

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

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