Louisiana State Bar Ass'n v. Harrington
| Decision Date | 03 December 1990 |
| Docket Number | No. 89-B-2380,89-B-2380 |
| Parties | LOUISIANA STATE BAR ASSOCIATION v. Patrick H. HARRINGTON. 585 So.2d 514 |
| Court | Louisiana Supreme Court |
James Reed Barrow, G. Fred Ours, for plaintiff-applicant.
Patrick H. Harrington, pro se.
Donald R. Miller, for defendant-respondent.
DISCIPLINARY PROCEEDING
Petitioner Louisiana State Bar Association ("LSBA") instituted this disciplinary proceeding against respondent Patrick H. Harrington, a Shreveport attorney. There are four specifications of alleged misconduct in this proceeding. After reviewing the record, we find the respondent committed several disciplinary rule violations which warrant his suspension from the practice of law.
Notice of the specifications of misconduct was forwarded to Harrington on July 14, 1989. The Committee on Professional Responsibility held a formal investigative hearing on August 17, 1989. Harrington appeared at that hearing and was represented by counsel. Following the hearing, the Committee, by unanimous vote, found that Harrington was guilty of the misconduct described in the four specifications.
A petition for disciplinary action was filed by the LSBA, through the Committee, on October 11, 1989. The petition alleged Harrington has been guilty of violation of the laws of this state relating to both the professional conduct of lawyers and the practice of law of sufficient gravity as to evidence a lack of moral fitness for the practice of law. It prayed for disbarment, suspension, or other disciplinary action as deemed appropriate. A Commissioner, Merritt B. Chastain, Jr., was appointed and a hearing was held on March 15, 1990. Harrington appeared at the hearing and was again represented by counsel. On June 4, 1990, the Commissioner filed his findings with this Court. He found Harrington guilty of misconduct on all four specifications, although concluding that, with respect to one of the specifications, Harrington had not violated all the specific Rules of Professional Conduct cited by the LSBA. The Commissioner declined to make a specific recommendation regarding the nature and severity of the appropriate disciplinary action but concluded the case is of utmost importance to the bench, the bar, and the community as a whole and serious disciplinary action against respondent is warranted. Petitioner LSBA concurred in the Commissioner's findings of fact as to all four specifications and in the conclusions of law as to three of the four. It concurred in part and opposed in part the Commissioner's conclusions of law as to the final specification of misconduct.
The matter, having been fully briefed, was orally argued to this Court. Petitioner suggests the appropriate disciplinary action is disbarment of the respondent while the respondent urges a public reprimand is both sufficient and appropriate.
The LSBA has the burden of establishing by clear and convincing evidence Harrington was guilty of the alleged specifications of misconduct. Louisiana State Bar Association v. Pugh, 508 So.2d 1350, 1351 (La.1987); Louisiana State Bar Association v. Dowd, 445 So.2d 723, 724 (La.1984). We shall address the four specifications of misconduct seriatim.
That in your capacity as Attorney at Law, you did represent one Gerald Aldrich in a matter involving a dispute over the sale and delivery of carpet from Mr. Aldrich to one Deborah James. That on December 11, 1987, you went to Mrs. James' home in the course and scope of representing your client in the dispute over the carpet. That you did enter into Mrs. James' home without being invited, without permission, and did in a loud voice confront, threaten and/or intimidate Ms. James in the course and scope of attempting to collect funds for your client. That your conduct was in violation of the Fair Debt Collection Practices Act 15 USCS 1692 c. (b) and 15 USCS 1692 e. (14); that you have made false statements of material fact or law to Ms. James; that in representing a client you have used means that have no substantial purpose other than to embarrass delay or burden a third person; that you have failed to carefully explain to Ms. James your role in the matter and have inappropriately given advice to Ms. James in the matter. All of the above in violation of Rule 4.1(a), 4.3, and 4.4 of the Rules of Professional Conduct of the Louisiana State Bar Association. 1
Petitioner has established various facts in support of this specification. It filed with this Court the record in Aldrich v. James, No. 73115 on the docket of the 26th Judicial District Court. The record reflects James had agreed to purchase some carpet from Aldrich, Harrington's client, on December 8, 1987. On December 11, 1987, while the carpet was being installed, a dispute arose concerning whether the carpet being installed was the same as that which James had ordered. Sometime during the morning of December 11 Harrington arrived at James' home, claimed to be the purchaser of the old carpet, and demanded to know the location of his carpet. He further claimed the police were going to be called to fingerprint and arrest someone for stealing his carpet. Later that day Harrington returned and, without permission, entered James' home and demanded to know James' name, whether she was the owner of the house, when she purchased the house, and from whom she had purchased it. He also threw his business card at James and stated he and his client had a lien on the house as of that day.
The trial court made a finding of fact that "Mr. Harrington barged into Mrs. James' new home, without permission, callously threatening and loudly confronting her, in a totally unprofessional manner," and that James was very upset and frightened by Harrington's actions. The court further concluded Harrington's actions violated the Fair Debt Collection Practices Act. Harrington, in fact, agreed to and paid a monetary settlement to James.
The LSBA has shown by clear and convincing evidence that Harrington violated Rule 4.1(a). He told James there was a lien on her house as of December 11, 1987 when no lien had been filed as of that date (and, in fact, none was filed subsequently). This was a false statement of material fact which Harrington made knowingly in an effort to intimidate James at a time when Harrington had no reason to believe James was not telling the truth about the carpet being other than that which she had ordered. In addition, Harrington did not carefully explain to James his role in the matter; he did not even identify himself by name or indicate that he is a lawyer until he had asked James several questions about the purchase of the home and the carpet. His actions are, therefore, in violation of Rule 4.3 as well.
Respondent argues he was over-zealous in representing his client and recognizes his conduct was inappropriate. He contends his violation of Rule 4.4 "does not appear to be supported by the evidence." He argues James admitted entering into conversation with him voluntarily and never told him to leave; and, she did not think the incident serious enough to call the police. He concedes his actions were abrasive, but not to such a degree as to warrant disciplinary action. We disagree. The bullying means employed by Harrington had no substantial purpose other than to embarrass, delay, or burden a third person. His actions clearly violate Rule 4.4.
That in your capacity as Attorney at Law, you did represent one Elvira Griffith in a matter entitled State of Louisiana v. Elvira Griffith, number 193216 on the docket of the First Judicial District Court, Caddo Parish, Louisiana. That Ms. Griffith's case was set for trial on September 13, 1988. That you did meet and converse with Elvira Griffith in the hallway of the courtroom prior to the case being called for trial on September 13, 1988. That following your conferring with Elvira Griffith, you did go into the courtroom and did engage in a conversation with one Christina Chandler, an Assistant District Attorney. That Ms. Chandler had observed you talking with your client in the hallway and she did mention to you that she had seen you talking with your client. That you did falsely inform Ms. Chandler that the individual you were talking to was not your client. That when the case was called for trial you did mislead the court when you did state that you did not know the whereabouts of your client when in fact you had been talking to your client in the hallway shortly beforehand. That you were cited for contempt of court and were on November 10, 1988 found guilty of contempt of court in this matter. That on February 24, 1989, you were sentenced to pay a fine of $500.00 or spend fifty days in jail and were in addition sentenced to perform thirty days of community service for your contempt of court conviction. That you have committed a criminal act that adversely reflects on your honesty, trustworthiness, or fitness as a lawyer; have engaged in conduct involving dishonesty, fraud, deceit of [sic] misrepresentation; have engaged in conduct that is prejudicial to the administration of justice; that you have made a false statement of material fact to opposing counsel; that you have made a false statement of material fact to a tribunal, and/or have failed to disclose the material fact to both opposing counsel and the court when such disclosure would be necessary to avoid assisting the client in a criminal or fraudulent act, to wit. [sic] failure to appear at trial; that you have assisted a client in conduct that you know to be criminal or fraudulent, to wit. [sic] failure to appear at trial. All of the above are in violation of Rules 1.2(c), 3.3(a), 4.1 and 8.4(a)(b)(c)(d) of the Rules of Professional Conduct of the Louisiana State Bar Association. 2
The LSBA has introduced portions of the record in...
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