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SUPREME COURT OF LOUISIANA NO. 99-B-3307

IN RE: GLEN EDWARD SMITH

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This attorney disciplinary proceeding arises from a petition for consent discipline filed by respondent, Glen Edward Smith, an attorney licensed to practice law in the State of Louisiana but currently on interim suspension.1

FORMAL CHARGES Count I Dudley Davis, Jr. retained respondent to represent him in connection with a personal injury matter. In December 1995, respondent settled Mr. Davis' case for $289,000, but he did not advise his client of this fact. Respondent did not disburse the settlement funds, provided no accounting to his client, and converted a substantial portion of the funds to his own use. Respondent also forged his client's signature on the settlement and release documents, and represented to opposing counsel that the documents were genuine. Moreover, respondent failed to cooperate in the ODC's investigation of a complaint filed by Mr. Davis. The ODC alleges that respondent's conduct violates Rules 1.4 (failure to communicate with a client), 1.8 (prohibited transactions between a lawyer and a client), 1.14 (representing a client under a disability), 1.15 (safekeeping property of a client or third person), 3.3(a) (candor toward the tribunal), 3.4(b) (falsifying evidence), 3.4(c) (knowing disobedience of the rules of a tribunal), 4.1 (truthfulness in statements to others), 8.1(a) (knowingly making a false statement of material fact in connection with a disciplinary matter), 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness,

*

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

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Louisiana Law