Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Waguespack

Supreme Court of Louisiana

November 13, 2017

IN RE: KENNETH MICHAEL WAGUESPACK, JR.

         ATTORNEY DISCIPLINARY PROCEEDING

          PER CURIAM

         This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Kenneth M. Waguespack, Jr., an attorney licensed to practice law in Louisiana.

         FORMAL CHARGES

         Count I

         In November 2013, the ODC received notice from Capital One Bank that a check in the amount of $2, 452.80 presented for payment to respondent's client trust account (account number ending in 1527) was returned for insufficient funds. Notice of the overdraft was forwarded to respondent, along with instructions to submit documents to the ODC for review. The ODC then received a request from respondent asking for an extension to submit the requested documentation, which was granted. When respondent failed to submit the documents, notice of the overdraft was forwarded to respondent again in March 2014 and in June 2014. Respondent failed to produce any of the requested documentation.

         Count II

         Louisiana Primary Care Consultants ("LPCC") provided medical services to respondent's clients. Respondent was to pay his clients' medical expenses from proceeds received from their claims. After learning from respondent's clients that their cases had settled, LPCC attempted to contact respondent regarding the status of payments for medical services rendered to seven clients. Respondent received the inquiry from LPCC in May 2014, evidenced by his signature on the certified mail return receipt card, but he failed to reply to the inquiry.

         In June 2014, LPCC filed a complaint against respondent with the ODC. Notice of the complaint was forwarded to respondent's primary registration address on July 10, 2014, requesting a substantive response as well as copies of documents from his trust account. The correspondence was received on July 18, 2014, but respondent failed to respond as instructed.

         Count III

         In August 2014, the ODC received notice from Capital One Bank that a check in the amount of $340 presented for payment to respondent's client trust account (account number ending in 4833) was returned for insufficient funds. In September 2014, the ODC received notices from the bank that transactions for $340, $360, and $465 were likewise returned due to insufficient funds. Respondent's 2014 trust account disclosure statement does not list a client trust account ending in 4833.

         Upon receipt of the overdraft notices, the ODC opened a disciplinary investigation. Notice of the investigation was forwarded to respondent on September 11, 2014, requesting a substantive response as well as copies of documents from his trust account. Respondent failed to respond as instructed.

         Count IV

         Respondent was retained to establish an LLC for heirs of F. E. Waguespack and represent them in a property claim against the State of Louisiana. The Afew Heirs, LLC was established and respondent was the registered agent for the LLC. Respondent associated Steve Irving to represent Afew Heirs in the suit against the State. Judgment was rendered in June 2013 and Afew Heirs was awarded $56, 527.05. Mr. Irving received a check issued from respondent's client trust account for his fees and expenses, but respondent failed to disburse funds due to the members of Afew Heirs.

         Multiple complaints were filed against respondent arising out of this matter. In September 2014, the ODC issued a subpoena to obtain respondent's sworn statement and bank records for his client trust accounts. Thereafter, the ODC received notice from the United States Postal Service indicating that respondent had changed his address. The change of address had not been reported to the Louisiana State Bar Association ("LSBA"). An ODC investigator was instructed to hand-deliver the subpoena, a bank letter, and the complaints to respondent at three known addresses. The correspondence was received on October 16, 2014.

         On October 23, 2014, the ODC attempted to contact respondent via certified mail to reschedule the sworn statement. Respondent was instructed to contact the ODC within ten days of receipt of the correspondence; however, he failed to do so.

         Notices of the complaints were delivered to respondent via certified mail on October 23, 2014. Respondent was instructed to provide a substantive response within fifteen days of receipt of the correspondence, but he failed to respond.

         Coun ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.