Attorney W.L. v. The Mississippi Bar
| Decision Date | 15 July 1993 |
| Docket Number | No. 91-BA-0028,91-BA-0028 |
| Citation | 621 So.2d 235 |
| Parties | ATTORNEY W.L. v. The MISSISSIPPI BAR. |
| Court | Mississippi Supreme Court |
Laurel G. Weir, Philadelphia, for appellant.
Charles J. Mikhail, Jackson, for appellee.
En Banc.
McRAE, Justice, for the Court:
Attorney W.L. appeals a December 13, 1990, judgment of a Complaint Tribunal imposing a public reprimand upon him. The Tribunal found that Attorney W.L. had violated provisions of the Rules of Professional Conduct in his representation of the plaintiff in the aborted settlement of a case at a pre-trial settlement conference before the circuit court.
After considering the record and hearing oral argument, we find that the decision of the Complaint Tribunal is not supported by clear and convincing evidence. Instead, we find only a case where two minds clearly failed to meet. Accordingly, we reverse the decision of the Tribunal and dismiss the complaint against Attorney W.L.
Attorney W.L. represented his client, a poultry grower, in a breach of contract action against Happy Valley Farms, a poultry producer. 1 A pre-trial conference was held on January 5, 1988. Following the custom and practice of the local circuit court, the client was present at the courthouse, outside chambers, during the pre-trial settlement conference. The circuit judge expressed his opinion that a settlement of $1,500.00 would be appropriate. Attorney W.L. conferred with his client, who rejected the proposal, but, according to the attorney, indicated that he would be willing to take twice that much. The client immediately left to go deer hunting, and Attorney W.L. reported to the circuit judge and counsel for Happy Valley that his client would take $3,000. Counsel for Happy Valley indicated that he would have to obtain consent from his client to exceed the $2,500.00 settlement he had been authorized to offer, and would let everyone know the results the following day. Attorney W.L.'s client, however, denied that he had agreed to a $3,000.00 settlement.
By letter dated January 22, 1988, counsel for Happy Valley sent Attorney W.L. a settlement check for $3,000.00. Also enclosed were a release for W.L.'s client to sign, insuring that he would not seek further damages from Happy Valley under another name such as that of his daughter; a stipulation; and an order of dismissal with prejudice. Thus, the defense attorney changed the terms of the settlement offer by requiring another person, not a party to the lawsuit, to release Happy Valley.
Attorney W.L., in turn, sent a letter to his client on January 23, 1988, stating:
I need to talk to you in reference to your case. Please call me for an appointment so that we may discuss same with you.
Attorney W.L. testified that he made numerous other attempts to contact his client during the next two months. He maintained that he tried to explain the settlement and release to his client, but that the client was hard of hearing and more interested in deer hunting than his lawsuit. Attorney W.L. further stated that his client would never fully state his position on the settlement because he was concerned that signing the release would preclude him from participating in a class action suit against Happy Valley. The client, however, testified that Attorney W.L. never discussed the terms of the settlement with him, despite their many visits and conversations.
Counsel for Happy Valley testified that Attorney W.L. failed to respond to his January 22 letter and, when asked about the status of the settlement, would tell him only that he had had a hard time contacting his client. On March 25, 1988, counsel for Happy Valley wrote to Attorney W.L., informing him only that the case was set on the circuit court trial docket for April 5, 1988, and requesting Attorney W.L. to inform him, as well as the circuit judge, of the status of the case. The record shows that Attorney W.L. again wrote to his client on both March 30 and March 31, 1988, advising him that there were further developments in the case which they needed to discuss.
On Saturday, before the hearing on April 5, Attorney W.L. met with his client. The client maintained that he first learned about the $3,000.00 settlement check at that time. At the meeting, Attorney W.L. and his client decided that the attorney should withdraw from his representation in the case.
By letter dated April 5, 1988, Attorney W.L. informed counsel for Happy Valley that his client did not wish to accept the "compromise settlement offer" and that he was filing a motion to withdraw as counsel.
After a hearing on Attorney W.L.'s motion to withdraw as counsel was held April 5, 1988, where the motion was presented by Attorney W.L.'s law partner, the case was continued.
Counsel for Happy Valley filed a motion for sanctions in the form of attorney fees against Attorney W.L., which was considered at a May 24, 1988, hearing. After hearing testimony by the client, counsel for Happy Valley and Attorney W.L., the judge imposed sanctions against Attorney W.L. of $720.00 in attorney's fees and $36.00 in expenses for failing to notify counsel for Happy Valley and the circuit court of his client's rejection of the settlement.
Attorney W.L.'s conduct with respect to the representations made to counsel for Happy Valley and the circuit court regarding his client's willingness to settle the case was communicated to the Mississippi Bar on July 5, 1988. The Bar filed its Formal Complaint against Attorney W.L. on February 5, 1990. Attorney W.L. responded with a motion to dismiss or, in the alternative, to continue and hold the matter in abeyance on February 23, 1990.
A hearing was held before a Complaint Tribunal on October 10, 1990. Finding that Attorney W.L. had violated Rules 1.2(a), 1.3, 1.4 and 8.4(a), (c) and (d) of the Rules of Professional Conduct, the Tribunal recommended the imposition of a public reprimand.
The Bar contends that Attorney W.L. violated the following Rules of Professional Conduct in his representations to counsel for Happy Valley and to the trial court that his client had agreed to settle the case for $3,000.00 and in his handling of...
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