In re Wahlder

Opinion

 [*838]  Granted. See per curiam.

LEMMON, J. dissents and would impose a harsher penalty.

JOHNSON, J. not on panel. Rule IV, Part 2, Section 3.

VICTORY, J. dissents and would impose a harsher penalty.

TRAYLOR, J. dissents and would impose a harsher penalty.

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM ¹

 [**2]  This attorney disciplinary proceeding arises from one count of formal charges instituted by the Office of Disciplinary Counsel ("ODC") against respondent, Thomas Wahlder, an attorney licensed to practice law in the State of Louisiana. The charges allege violations of the Rules of Professional Conduct, specifically, Rules 4.1(a) (knowingly making a false statement of material fact or law to a third person), 8.4(a) (violating the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving fraud, deceit, dishonesty or misrepresentation) and 8.4(d) (engaging in conduct prejudicial to the administration of justice).

UNDERLYING FACTS

In 1996, Charles Hathorn retained respondent to represent him in claim against Farm Bureau Insurance Company ("Farm Bureau") arising from an automobile accident. Although Mr. Hathorn was married at the time, his wife was not a party to the litigation, nor was she represented by respondent.

Subsequently, respondent negotiated a settlement with Farm Bureau in Mr. Hathorn's favor without the necessity of filing suit. The settlement checks were made payable to Mr. and Mrs. Hathorn and the respondent. In addition to Mr. Hathorn's claims, the settlement [**3]  documents encompassed a loss of consortium claim for Mrs. Hathorn, a claim which respondent had not pursued.

Mr. Hathorn, without his wife, appeared at respondent's office to execute the settlement documents and settlement drafts. At that time, Mr. Hathorn affixed both his signature and the signature of his wife to the document, informing respondent that his wife had given him permission to sign her name to the documents. Respondent "witnessed" the signature of Mrs. Hathorn, as affixed by Mr. Hathorn, and directed one of his employees to notarize the signatures as if Mrs. Hathorn had in fact appeared. Thereafter, the settlement drafts were negotiated, and respondent issued a check from his trust account for the net proceeds of the settlement in the amount of $ 68,489.07 in favor of Mr. and Mrs. Hathorn.

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