Louisiana State Bar Ass'n v. Powell
| Citation | 248 La. 237,178 So.2d 235 |
| Decision Date | 02 July 1965 |
| Docket Number | No. 47371,47371 |
| Parties | LOUISIANA STATE BAR ASS'N v. Jerome T. POWELL. |
| Court | Supreme Court of Louisiana |
Walter G. Arnette, Chairman, A. K. Goff, Jr., Vice-Chairman, Pat. W. Browne, Sr., New Orleans, A. Leon Hebert, Baton Rouge, James H. Drury, New Orleans, for petitioner.
Isaac Abramson, Shreveport, for respondent.
This court's Committee on Professional Ethics and Grievances, upon the complaint of the firm of Stewart & May of Chicago, Illinois, contained in a letter dated November 12, 1963, instituted this proceeding against Jerome T. Powell, an attorney practicing in Shreveport, Louisiana, under the original jurisdiction vested in us by Section 10 of Article VII of the Louisiana Constitution of 1921, sekeing his disbarment on charges of professional and ethical misconduct within the meaning and intendment of the provisions of Section 11 of Article XIV of this court's Articles of Incorporation of the Louisiana State Bar Association, constituting our Canons of Professional Ethics.1
The petition is predicated on one charge of misconduct drawn up by the committee following a full hearing, in which it is asserted the respondent failed to discharge his duty to timely account for monies received by him as the attorney employed in Louisiana to marshal the assets of the Succession of Thomas H. Peete within the jurisdiction of Louisiana, which funds he commingled with his own and converted to his own use.
After issue was joined by the respondent in an answer filed in proper person--in which he admitted generally the allegations of the specification as well as the Bill of Particulars attached to the complaint of the Chicago firm, but denied any willful intention of professional misconduct, and, in effect, threw himself upon the mercy of the court--Charles L. Mayer, a member of the Shreveport bar, was appointed by this court as the commissioner for the taking of the evidence in the case and reporting to us his findings of fact and conclusions of law.
The Commissioner, in his report, which is rather short inasmuch as the facts forming the basis of the charge were admitted by respondent, found these to be substantially as charged in the specification, and concluded Powell was guilty of violating Section 11 of the Canons of Professional Ethics. He recommended that proper disciplinary action be taken by us. Since the respondent did not except to any portion of this report, it stands confirmed as to him, and it now becomes our duty to determine the action warranted under the facts. See, Louisiana State Bar Association v. Woods, 243 La. 94, 141 So.2d 828, and Louisiana State Bar Association v. Wheeler, 243 La. 618, 145 So.2d 774.
In this court the respondent was represented by special counsel who calls our attention to the jurisprudence to the effect that disciplinary action against an attorney for professional misconduct is not intended as punishment, but, instead, for the benefit of the profession and protection of the members of society generally. He vigorously urges, therefore, that consideration be given to the fact that Powell, at the time he committed the act charged, was under a mental and emotional strain because of business difficulties and distress over the condition of a mentally retarded child. As a consequence, it is contended a lesser discipline, such as a reprimand or suspension, would be sufficient punishment for this misconduct, the first in almost 15 years of honorable practice, and particularly so since Powell has made full restitution and assures the court it will never again be called upon to entertain similar charges against him, or any charge of professional misconduct.
On the other hand, the committee opposes any leniency being shown Powell since (1) he admitted both in answer and during the hearings the specification against him was essentially correct and (2) although restitution, even belated, as here, is encouraged, it is not a defense to this charge, and its weight as a mitigating circumstance is lessened by respondent's disregard of the admonition in Section 11 of the Canons of Professional Ethics against the commingling of the funds of his several businesses with those derived from the practice of law, and all the more particularly since he admitted 'going from one to the other, based on the convenience of the cash he had or did not have in the various accounts.' The committee further calls to our attention the fact that in answer to the complaint respondent stated 'these funds were inadvertently by my agent commingled with personal funds,' although during examination by the committee at its hearing on May 5, 1964, he admitted this was not true except as to $100, and, finally, that resort had to be made to process by subpoena to compel respondent's appearance at this hearing.
From our appreciation of the evidence and documents introduced, it appears the respondent, after being...
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