| ► Attorney Arthur Lemann of New Orleans; ethical gnome |
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Attorney Arthur Lemann of New Orleans; ethical gnome
The state of Louisiana presented Arthur A. Lemann III with a law license in 1967 after he graduated from Loyola University Law School located in New Orleans.
The Office of Disciplinary Counsel found Calvin guilty of the following misconduct.
In one mater, Arthur represented Benjamin Rayburn, Sr. in regards with criminal charges set forth in a federal grand jury indictment. Benjamin agreed to pay Arthur $275 an hour plus expenses, with a cap of $70,000 on the hourly fee. However, there was no discussion between Benjamin and Arthur regarding the “provisions of the state law to pay defense fees.” In addition, the fee agreement was not in writing. Benjamin subsequently paid Arthur the $70,000 in three installments.
Prior to the criminal trial, Arthur became aware of the state law on defense fees. Arthur claims he advised Benjamin of the law, but Benjamin said he was a liar. Thereafter, Arthur continued to record and bills his hourly work even through the $70,000 cap had been reached.
Following Mr. Rayburn's acquittal in June of 1997, Respondent submitted a final invoice in the amount of $192,359.37. The amount was upon Arthur’s total hours expended in the criminal case, less a credit for the $70,000 previously paid.
Two months later, Arthur drafted a proposed lawsuit for declaratory relief against the State of Louisiana, and requested that Benjamin seek payment from the Legislature in the amount of $295,472.39, which consisted of the 262,359.37 set forth in Respondent's final invoice and an additional $29,053.57 Benjamin had paid to another attorney to represent him.
Benjamin refused to participate in the lawsuit and refused to request that the the Legislature pay any amount in excess of the original $70,000 capped fee, he sought and received payment from the State of Louisiana in the amount of $99,053.57, consisting of the amount previously paid to Respondent and the amount previously paid to the attorney.
Subsequently, Arthur sued Benjamin for the $192,359.37 he alleged was due in fees. Later the court issued a judgment dismissing Arthur’s claims.
As a consequence of his misconduct, the cheerleaders for Attorney Misfits sitting on the Louisiana Supreme Court punished Arthur by gifting him with a complimentary reprimand. .
As we speak (ca. July 2013) Arthur practices with the Law Offices of Arthur A. Lemann III & Associates at 1100 Poydras Street in New Orleans, Louisiana.
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