Louisiana State Bar Ass'n v. Haylon

• Decision Date: 01 May 1967
• Docket Number: No. 48167,48167
• Parties: LOUISIANA STATE BAR ASSOCIATION v. George J. HAYLON.
• Court: Louisiana Supreme Court

Page 391

198 So.2d 391

250 La. 651

LOUISIANA STATE BAR ASSOCIATION v. George J. HAYLON.

No. 48167.

Supreme Court of Louisiana.

May 1, 1967.

Walter G. Arnette, Chairman, Jennings, A. K. Goff, Jr., Vice-Chairman, Ruston, Pat W. Browne, Sr., New Orleans, A. Leon Hebert, Baton Rouge, James H. Drury, Thomas O. Collins, Jr., Secretary, New Orleans, for petitioner, Louisiana State Bar Ass'n Committee on Professional Ethics and Grievances.

Robert R. Rainold, New Orleans, for respondent.

McCALEB, Justice.

The State Bar Association, appearing through the Committee on Professional Ethics and Grievances, brought this proceeding under our original jurisdiction against George J. Haylon, an attorney formerly practicing in the City of New Orleans, seeking his disbarment for professional misconduct. Respondent was given proper notice of the charge against him, consisting of one specification that he had misappropriated the funds of a client. He was personally served and appeared at the two hearings held by the Committee, after which the Committee unanimously concluded that respondent had been guilty of the act of misconduct set forth in the specification. A formal disbarment charge was then preferred and a Commissioner was appointed by this Court to conduct a hearing. A curator ad hoc was also appointed to represent respondent who had since left the State. The curator ad hoc entered a general denial of the charge and, after a trial, respondent was found guilty of misconduct. The Commissioner recommended that respondent be suspended immediately from practicing law in this State, said suspension to continue for a period of four full years following the date on which respondent makes complete restitution to his client one Harry Klepko, of the misappropriated funds.

The record fully sustains the findings of the Commissioner in his report. Moreover, since respondent did not except to the Commissioner's report within twenty days from the time of its filing, as required by Article XIII, Section 9 of the Articles of Incorporation of the Louisiana State Bar Association (adopted as rules of this Court on March 12, 1941) the Commissioner's findings of fact stand confirmed and have become final. Louisiana State Bar Association v. Woods, 243 La. 94, 141 So.2d 828; Louisiana State Bar Association v. Wheeler, 243 La. 618, 145 So.2d 774; Louisiana State Bar Association v. Yoder, 243 La. 909, 148 So.2d 597.

The Commissioner stated in his report that respondent, while practicing law in the City of New Orleans, was employed in 1962 as attorney by Harry Klepko in a divorce action for the partition and sale of community property owned by Klepko and his now divorced wife. The property was sold and there was due and owing to Klepko from the proceeds thereof the sum of $2742.00 after payment of all expenses and fees. Respondent collected this sum and subsequently used the money to pay his personal obligations. Klepko, who had meanwhile moved to Pennsylvania, made numerous inquiries personally, and through an attorney employed by him at his Pennsylvania domicile, concerning the funds and demanded, without success, remission of the money by respondent. Finally, on June 12, 1964, respondent sent four checks (two for $500 each, one for $1,000 and one for $742) payable to Klepko, all of which were returned when presented for payment marked 'not sufficient funds'. After numerous other demands, respondent remitted by two checks the sum of $1,000 leaving due and owing $1742.00, which has never been paid.

When he appeared at the hearings of the Committee on Professional Ethics and Grievances, respondent readily admitted that he had received the money from the sale. He declared he had placed in it a separate bank account then withdrew it and gave it to his wife to hold, but she used the money to pay a hospital bill incurred by her. He explained that, thereafter, he set...