You’ve Got Mail
Michael S. Walsh
Lee & Walsh
257 Maximilian St.
Baton Rouge, LA 70802
225.344.0474
michael@leeandwalsh.com
“You’ve Got Mail”

You’ll get a letter in an envelope with the return
address of:


OFFICE OF DISCIPLINARY COUNSEL
4000 S. Sherwood Forest Blvd.
Baton Rouge, LA 70816
And the darn thing says:
Open by Addressee Only
Michael S. Walsh
A Letter From ODC
 The
ODC letter comes Certified Mail
Return Receipt requested.
 It will tell you a complaint has been filed.
 It will tell you that Supreme Court Rule
XIX, Section 4B (2) requires you to
respond.
Michael S. Walsh
La. Supreme Court Rule XIX
Section: 11 et. seq.
 Requires
that you respond in writing to the
ODC’s request for Information
 ODC’s Letter says: You’ve got 15 days*
*Louisiana Supreme Court Rule XIX, §11(B)(3)
 Get Mad, get over it.
 Odds are many lawyers will get one of
these at one time in their career
Michael S. Walsh
Two Options
 Ignore
the Letter *
 * This is a bad idea.
 Respond to the Letter - - - - THIS IS
REQUIRED -
Michael S. Walsh
Ignore the Letter
(You’re An Idiot)
 Failure
to respond within 15 days or obtain
an extension is a violation of the rules.
 Failure to cooperate is a violation in itself.
 You don’t respond, you’ve almost done a
“Deemed Admitted” – and they got you.
Louisiana Supreme Court Rule XIX, §11(E)(3)
 You’ve
got to file an answer.
Michael S. Walsh
Respond to the Letter
 In
order to respond you’ve got to know
how the system works.
 Knowing the system will allow you to
properly respond and, hopefully, end the
inquiry early.
Michael S. Walsh
“Bar Complaints”
A. There is no such thing as a “Bar Complaint”
 B. Bar Complaints only exist on Boston Legal
and involve Denny Crain.
 C. The Louisiana Supreme Court established
the Office of Disciplinary Counsel in April 1,
1990 and removed lawyer discipline from the
LSBA 19 years ago.
 D. You ain’t playing with the LSBA, you’re in
front of the Louisiana Supreme Court

Michael S. Walsh
The Office of the Disciplinary
Counsel is the Prosecutor
 The
“ODC” is like the District Attorney of
Lawyer Discipline.
 ODC sends out the complaint letters.
 ODC works for the Louisiana Attorney
Disciplinary Board (LADB)
 LADB is Statewide Agency. It is a
branch of the Louisiana Supreme Court –
not the LSBA
Michael S. Walsh
Lawyer Discipline has become a
political issue
 Justice
Kitty Kimball’s Campaign Ads
mentioned that she’d disciplined hundreds
of dishonest lawyers and judges.
 Lawyer Discipline is no longer a “Back
Room of the Bar Association” Issue.
 Information on Louisiana Lawyer
Discipline is available on line at:
 www.ladb.org
Michael S. Walsh
Office of Disciplinary Counsel
 Think
of ODC as the prosecuting attorney
against unethical lawyers.
 If you get a letter, think of yourself as a
defendant
 If you’re a defendant, you need a lawyer.
Michael S. Walsh
In Re: YOUR NAME





ODC – Office of
Disciplinary Counsel
$2, 539, 549.00
Annual Budget
12 Full Time Lawyer
Prosecutors
6 Full Time
Investigators
23 Total Full Time
Staff

Respondent (YOU)
 You and maybe your
secretary
 Responding to ODC
complaint costs you
time and YOUR
money.
Michael S. Walsh
Even The Playing Field
 Hire
a Lawyer
 Key Word is “hire”.
 Good lawyers don’t come cheap
 You want a lawyer who knows the system
and will work hard to get you out of this
mess.
Michael S. Walsh
How it Starts
 ODC
receives complaints in many forms:
 Clients
 Judges
 Banks (trust account over draft)
 District Attorneys
 Lawyers report (Snitch Obligation)
 Newspaper articles (DWI, arrest)
 3rd Party Creditors
Michael S. Walsh
Gilsbar Insurance
 Gilsbar
(estimate annual sales of $20+
million and is owned by a lawyer named
Henry J Miltenberger, Jr.)
 Gilsbar Insurance Policy may pay some of
your defense costs.
 Check your policy. See Gilsbar Lawyers
Professional Liability Policy II, E, 2.
 Hire a lawyer. Get Mr. Miltenberger to
pay for it.
Michael S. Walsh
The Snitch Obligation
A
Lawyer has an affirmative obligation to
report misconduct if he knows (not
suspects) a violation that raises a question
 If a lawyer knows another lawyer or a
Judge has committed a violation.
 Rule 8.3 – The SNITCH rule
 But if you represent a lawyer Rule 1.6
says you do not have to report your client.
Michael S. Walsh
Failure to Snitch

Failure to report lawyer or judicial misconduct is
an offense. Rule 8.3 (a) (b) & In re Riehlmann
891 So.2d 1230 (La. 2005).
 “Piano Player in a Bordello” is not a defense - if
you suspect something is wrong you’ve got to
report it.
 Lawyer was suspended for 9 months for failure
to report In Re: Peter Brigandi, 843 So.2nd 1083
(La. 2003)
Michael S. Walsh
ODC Screens the Complainant
 20,
873 Lawyers in the State of Louisiana
 ODC receives between 3000-3500
complaints against lawyers a year.
 260 workdays per year
 ODC gets approximately 11.5 complaints
against lawyers per work day. On the
average, each ODC lawyer gets a new
case per workday.
Michael S. Walsh
ODC Screen Process
 Complaint
Arrives at ODC
 ODC lawyer (not a secretary) screens
each and every complaint
 ODC intake lawyer decides next step.
Michael S. Walsh
ODC Dismissal
 ODC
decides not enough to fool with.
 ODC decides not to file Formal Charges
 Complainant can appeal
 Hearing Committee Chairs (LADB can
review)
 Less than 1% of dismissals are reversed.
Michael S. Walsh
ODC Investigates
 ODC
receives complaint
 ODC decides to investigate
 ODC sends letter to Respondent (YOU)
 You respond to letter within 15 days
 ODC receives response and decides to
dismiss
 Complainant can appeal but most don’t
Michael S. Walsh
ODC Files Formal Charges
 ODC
receives complaint, Notifies Lawyer
 Lawyer responds, ODC reviews response
 ODC seeks permission from HC to file
Formal Charges
 ODC’s request to file is reviewed by
Hearing Committee (HC)
Michael S. Walsh
LADB Trial Process
Level – Known as Hearing
Committee (HC)
 HC is 2 lawyers, 1 Civilian
 HC is just like a trial (Court reporter,
witnesses)
 Code of Civil Procedure and Rules of
Evidence apply (Rule XIX, Sec. 18B)
 HC will make a recommendation
 Trial
Michael S. Walsh
Deemed Admitted
 Also
known as the:
 DUMB ASS RESPONSE
 Respondent (lawyer) doesn’t file response
 HC, LADB and LASC rules it: Deemed
Admitted.
 Game Over. Lawyer has not contested
charges. Just like confirming a default.
 You lose.
Michael S. Walsh
LADB Trial Process
 HC
Issues Recommendation
 HC recommendation will be reviewed by
LADB
 LADB is made up of lawyers and civilians
 LADB is like Court of Appeals
 LADB makes Recommendation to LASC
Michael S. Walsh
Louisiana Attorney Disciplinary
Board (LADB) a/k/a Board
 Board
can issue admonition, probation,
reprimands and restitution order. Rule XIX,
Sec. 10A
 Board
can recommend Disbarment,
Permanent Disbarment, Suspension and
practice limitation but only LASC can order
these.
Michael S. Walsh
Sanctions
 Suspension
from Practice of Law
 A year or less – don’t have to reapply for
readmission but . . .
 Year and a Day – Have to apply for
readmission – have to go through another
hearing with HC and then
recommendation to Board – this could
take another year or so
Michael S. Walsh
Reinstatement/Suspension
Readmission/Disbarment
 Respondent
who has been suspended can
file reinstatement with 6 months of the
suspension left to serve. Rule XIX, Section 24A
 Readmission is when lawyer is disbarred.
This is not automatic
 Same admission rules apply for
readmission.
Michael S. Walsh
Suspended From Practice of Law

Got to close the trust account Rule XIX Sec. 26
 Notify to Clients & Co Counsel by formal letter
 Withdraw from all cases
 Can’t work in a law office or for a lawyer while
suspended*
*You can’t hire a disbarred lawyer to work for you ever. If you hire a
suspended lawyer you have to get permission – (Rules of Professional
Conduct 5.5 e 1 i) –shall not employ disbarred or resigned attorney
 Rules of Professional Conduct 5.5 e 1 ii: Shall not employ any person
suspended unless Employment Registration with ODC

Michael S. Walsh
Notary Work
 Suspended
lawyers can’t Notarize
anything if Notary Commission was issued
because you’re a lawyer.
Michael S. Walsh
ODC
 Notifies
Lawyer a Complaint has been
filed.
 Notifies lawyer of Duty to respond.
 Lawyer’s chance to respond.
 Quickest way to make this go away is to
respond properly.
Michael S. Walsh
Sanctions
 Disbarment
– one can reapply after 5
Years
 Permanent Disbarment – Gone forever
 Public Reprimand – Newspaper story
 Private Admonition – scolding by LADB.
Michael S. Walsh
Your Response
 Detailed
explanation of your actions
 Detailed accounting information
 Detailed index of what happened and
when
 Think of it as a federal pretrial order
 More Details the Better
Michael S. Walsh
The Odds
 3000-3200
Complaints a Year
 1000 are screen out immediately
 1600 get letter from ODC
 Of this 1600 about 1280 go away
 300-400 get sent to Ethics School
Michael S. Walsh
The Odds
 80-100
Formal Charges a year
 ODC has a 96% conviction rate at
hearings (they don’t bring crap to
hearings)
 Odds are you’re not going to get in trouble
if you play by the rules.
 Odds are if you get a complaint, it will go
away if you respond properly
Michael S. Walsh
ODC Top 10 Complaints
 Number
10: Incompetence
 “YOU CAN’T FIX STUPID” Comedian Ron White
 Some lawyers can’t be helped. Avoid
them as co counsel.
 Taking over a case that is a train wreck is
always a bad idea.
Michael S. Walsh
ODC Top 10 Complaints
9 – Improper Handling of Funds
 It isn’t your money. Don’t touch it. If
you’re holding for 3rd parties, make sure
you hold it.
 Quickest Way to fix this one: Don’t hold
money for clients and if you do, make sure
the money goes where it is supposed to
go.
 Number
Michael S. Walsh
ODC Top 10 Complaints
 Number
8: Neglect
 You’ve got to do it. The crap stuff – the
stuff on the corner of your desk or the
floor.
 Quickest Way to beat this one:
 Get a calendar system, a “tickler” system
and follow it. Your malpractice insurer
requires it. Document everything that
comes in the door.
Michael S. Walsh
ODC Top 10 Complaints
7 – Ineffective Assistance
 “A man's got to know his limitations”
 Number
Inspector Harry Callahan a/k/a Dirty Harry in Mangum
Force.
 Stay
out of Bankruptcy Court if you don’t
do it.
 Same thing for Federal Court
 Same thing for Criminal Court
Michael S. Walsh
ODC Top 10 Complaints
 Number
6 Conflict of Interest
 Can’t represent both sides.
 Divorce case – never notarize other
party’s signature.
 Never give advice to other side
 Quickest Way to beat this one: Have a
computer conflict check system. Never
talk to other side.
 When in doubt, don’t take the case.
Michael S. Walsh
ODC Top 10 Complaints
 Number
5 Misrepresentation/Dishonesty
 Assume everything you say to your client
he is recording.
 Small tape recorders, video cameras, etc.
 Many, many cases of lawyer saying “I
didn’t say that . . . but client has it on tape”
 Emails and digital stuff lasts forever.
 Quickest way to beat this one: Careful
what you tell them and how you tell them.
Michael S. Walsh
ODC Top 10 Complaints
 Number
4: Trust Account Violation
 Comingling of client’s funds
 Guarantee disbarment if you do this.
 Quickest Way to Beat this one: Use a
computer accounting program.
 Audit your trust account
 Only lawyer should sign trust account
 Overdraft notification to ODC
Michael S. Walsh
ODC Top 10 Complaints
 Number
3: Fee Dispute
 Unearned Fee
 Fee Dispute
 Unreasonable Fee
 Quickest Way to beat this one? Always
have a written Contract with client. Hourly
rates, keep track of time, etc. Be sure you
can document everything you did and
back it up.
Michael S. Walsh
How to Set a Fee
 Rule
1.5 (Excessive Fee)
 a) A lawyer's fee shall be reasonable the
factors to be considered in determining the
reasonableness of a fee include the
following:
Michael S. Walsh
Rule 1.5
Fee Setting Rule
 The
time and labor required, the novelty
and difficulty of the questions involved,
and the skill requisite to perform the legal
service properly.
 Quick 102 divorce w/ no kids?
 International Custody Case involving
Parental Kidnapping?
Michael S. Walsh
Rule 1.5
Is the client a Pain?
 The
fee customarily charged in the locality
for similar legal services;
 The amount involved and the results
obtained;
Michael S. Walsh
Rule 1.5
Is this case going to keep you from
doing other work?
 The
likelihood, if apparent to the client,
that the acceptance of the particular
employment will preclude other
employment by the lawyer;
Michael S. Walsh
Rule 1.5
What’s the Client Want & WHEN??
 The
time limitations imposed by the client
or by the circumstances;
 The nature and length of the professional
relationship with the client;
Michael S. Walsh
ODC Top 10 Complaints
 Number
2: Failure to return File
 It is it not the lawyer’s file. You’ve got to
give it to the client at no cost to the client.
 Quickest way to beat this one: Give
them the damn file. Go to Kinko’s - copy
file. Give to client. Save yourself the
time/grief, etc.
 Fee not paid? Still got to give up the file.
Michael S. Walsh
ODC Top 10 Complaints
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Number 1: Lack of Communication
Document every thing you send a client. Emails, letters,
court dates, everything goes to the client.
Quickest way to beat this one: Respond to the ODC
letter with a complete index of every time you told the
client something. Think of it like your Pre Trial order. Go
on offensive on this one. [1] Rule 1.4 (Failure to
Communicate)
a) A lawyer shall keep a client reasonably informed
about the status of a matter and promptly comply with
reasonable requests for information.
(b) The lawyer shall give the client sufficient information
to participate intelligently in decisions concerning the
objectives of the representation and the means by which
they are to be pursued, to the extent the client is willing
and able to do so.
Michael S. Walsh