Louisiana State Bar Ass'n v. Klein

Citation218 So.2d 610,253 La. 603
Decision Date20 January 1969
Docket NumberNo. 48883,48883
CourtSupreme Court of Louisiana
PartiesLOUISIANA STATE BAR ASSOCIATION v. Donald S. KLEIN.

Page 610

218 So.2d 610
253 La. 603
LOUISIANA STATE BAR ASSOCIATION
v.
Donald S. KLEIN.
No. 48883.
Supreme Court of Louisiana.
Jan. 20, 1969.

[253 La. 604] Walter G. Arnette, Jennings, A. K. Goff, Jr., Rushton, Pat W. Browne, Sr., New Orleans, A. Leon Hebert, Baton Rouge, James H. Drury, Thomas O. Collins, Jr., New Orleans, for petitioner.

Donald S. Klein, in pro. per.

DISBARMENT PROCEEDING

SANDERS, Justice.

The Louisiana State Bar Association, through its Committee on Professional Ethics and Grievances, brought this disbarment proceeding against Donald S. Klein, an attorney practicing in this state. The petition sets forth ten specifications of professional misconduct.

After issue had been joined, the Court appointed a Commissioner to take the evidence and report to the Court his findings of fact and conclusions of law. The Commissioner found nine of the specifications of misconduct to be adequately supported by the evidence. He recommended that respondent be suspended from law practice for a period of five years.

The respondent filed no exception to the Commissioner's report. Hence, the findings of fact became final. Art. 13, Sect. 9, Articles of Incorporation, Louisiana State Bar Association; Louisiana State Bar Association v. Haylon, 250 La. 651, 198 So.2d 391; Louisiana State Bar

Page 611

Association v. Woods, 243 La. 94, 141 So.2d[253 La. 605] 828; Louisiana State Bar Association v. Yoder, 243 La. 909, 148 So.2d 597; Louisiana State Bar Association v. Wheeler, 243 La. 618, 145 So.2d 774, cert. denied 373 U.S. 933, 83 S.Ct. 1537, 10 L.Ed.2d 690.

For the purpose of taking appropriate disciplinary action, we summarize the major findings of misconduct.

In 1964, while representing one Manuel Vargas, respondent received a settlement in the sum of $600.00, of which his client was admittedly entitled to $184.00. Instead of remitting the money to his client, he used it for his own purposes. In 1966, after the intervention of the Committee on Professional Ethics and Grievances, he accounted to his client.

In 1964, the respondent received $200.00 from Dr. W. C. Booker to be used for a bond. A bond became unnecessary. The respondent commingled his client's funds with his own and converted them to his own use. On February 5, 1965, respondent issued his check to Dr. Booker as reimbursement, but the bank returned the check marked 'insufficient funds.' After the intervention of the Committee, respondent made restitution to his client on December 14, 1965.

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10 cases
  • Louisiana State Bar Ass'n v. Alker, 85-B-0765
    • United States
    • Supreme Court of Louisiana
    • June 23, 1986
    ...... Louisiana State Bar Association v. Klein, 253 La. 603, 218 So.2d 610 (1969); In re Craven, 204 La. 486, 15 So.2d 861 (1943); Louisiana State Bar Association v. Cryer, 441 So.2d 734 (La., ......
  • Louisiana State Bar Ass'n v. Jacques, 50979
    • United States
    • Supreme Court of Louisiana
    • January 17, 1972
    ...a conclusion: [260 La. 819] Louisiana State Bar Association v. Blum, 256 La. 530, 237 So.2d 366; Louisiana State Bar Association v. Klein, 253 La. 603, 218 So.2d 610; Louisiana State Bar Association v. Haylon, 250 La. 651, 198 So.2d 391; Louisiana State Bar Association v. Van Buskirk, 249 L......
  • Louisiana State Bar Ass'n v. Edwins, 55456
    • United States
    • Supreme Court of Louisiana
    • February 23, 1976
    ...rule) to the factual findings of the commissioner's report, they are confirmed against him. Louisiana State Bar Association v. Klein, 253 La. 603, 218 So.2d 610 (1969); Louisiana State Bar Association v. Mayeux, 249 La. 7, 184 So.2d 537 (1966); Louisiana State Bar Association v. Powell, 248......
  • Louisiana State Bar Ass'n v. Vesich, 84-B-0315
    • United States
    • Supreme Court of Louisiana
    • October 21, 1985
    ......        Attorney discipline is not punitive but protective of the courts and the public. Louisiana State Bar Ass'n v. Klein, 253 La. 603, 218 So.2d 610 (1969); In re Craven, 204 La. 486, 15 So.2d 861 (1943); Louisiana State Bar Ass'n v. Cryer, 441 So.2d 734 (La., 1983); ......
  • Request a trial to view additional results

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