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SUPREME COURT OF LOUISIANA NO. 99-B-0225 IN RE: MITCHELL FERRAND

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, Mitchell Ferrand, a currently disbarred attorney.1

UNDERLYING FACTS In March, 1996, the respondent was retained by Ivan Butler for representation in a personal injury matter. Upon negotiating a settlement, the respondent received a draft issued on behalf of Mr. Butler in the amount of $6,500. On April 19, 1996, Mr. Butler endorsed the draft, which subsequently cleared the bank several days later, but never received any of the settlement funds. The respondent had instead converted the funds to his own use.

DISCIPLINARY PROCEEDINGS On July 7, 1996, Mr. Butler filed a complaint with the ODC. When the respondent failed to answer the ODC's requests for information concerning the complaint, formal charges were instituted. The first count related to the conversion of client funds, and the second to the failure to cooperate. When the respondent failed to file an answer, the parties were ordered to submit evidence and written arguments on the issue of sanctions. While the respondent did not comply with the order, the ODC filed a memorandum attaching documentation in support of its proposed discipline of disbarment. The ODC argued the respondent violated a duty to his client, and that his conduct was

*

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

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