On Thursday, March 9, 2023, the Louisiana Attorney Disciplinary Board recommended the permanent disbarment of attorney Tim L. Fields for communicating with persons already represented by counsel.

The case is entitled “In Re” Tim L. Fields” and was brought by the Office of the Disciplinary Counsel with case no, 20-DB-031.

The charges cited Louisiana Rules of Professional Conduct 1.1(c), 1.2, 1.8(e)(3), 1.8(k), 1.15(a) (d) (f) and (g), 5.3, 8.1(a) and (b), and 8.4(a) and (c).

The  Louisiana Rules of Professional Conduct can be found here.

In the formal charges filed by the Office of Disciplinary Counsel (ODC), Fields was alleged to have violated professional conduct rules governing IOLTA account, safekeeping of funds or properties belonging to his clients, responsibilities regarding nonlawyer assistance, and misconduct. Fields was also accused of making a false statement of a material fact and withholding information during the course of the investigation.

On January 5, 2022, the Hearing Committee of the Louisiana Attorney Disciplinary Board reported that the ODC have proved by clear and convincing evidence that Fields violated the rules of professional conduct as charged. Moreover, the Hearing committee found that Fields violated duties owed to his client, the public, and the legal system, and caused actual harm to his clients.

The filing states:

“Respondent acknowledged that between 2009 and July of 2015, approximately $4,200,000 of settlement funds were withheld from his clients to pay those clients’ respective third-party provider debts, but the funds were instead used for Respondent’s personal and operating expenses. Respondent acknowledged that in July of 2015, he did not have$4,200,000 in his various accounts. Respondent’s actions constitute conversion of client fund.”

The filing continues:

“Respondent acknowledged that in addition to the approximately $4,200,000 withheld from client settlements between 2009 and July of 2015, he also withheld approximately $1,800,000 from separate clients’ settlements between July of 2015 through August of 2019, using the monies to pay a portion of the $4,200,000 previously unpaid client debt, acknowledging that the cumulative amount of client settlement funds converted was approximately $6,000,000, even though the amount was never higher than $4,200,000 at any.”

The filing further states:

“Respondent acknowledges that he allowed nonlawyers in his office, namely Ms. Samuels and his paralegal, to sign checks from his trust account in violation of the Rules, and in violation of Rule 5.3. Respondent testified that he believed he took a more active role in managing his practice after 2015 and the discovery of the extensive, unpaid third-party debt; however, he also admitted that he continued to allow non-lawyers to write checks and transfer money from his trust account.”

The filing additionally notes:

“Respondent during both his recorded interview and his sworn statement was dishonest and knowingly made misstatements of fact to the ODC. Respondent’s statements during the ODC investigation demonstrate dishonesty and the misstatement of material facts.”

In light of Fields’ admissions and testimony, the ODC having established by clear and convincing evidence that Fields violated the rules as charged, as well as the aggravating and mitigating factors present, the Hearing Committee recommended the disbarment of Fields.

On review, the Louisiana Attorney Disciplinary Board adopted the Committee’s findings and its reasons, except for one finding regarding violation of Rule 1.15(d).

In declining the said finding, the Board stated:

“The version of Rule 1.15(d)in effect at the time of the misconduct recognizes that a lawyer is required to promptly notify a client or third person who has an interest in funds or other property received by the lawyer and promptly deliver the funds or the property to the client or third party . . . The Board, therefore, declines to adopt this finding of the Committee as to the disbursement sheets, but still finds a violation of Rule 1.15(b) based upon the clients’ guarantees and agreements with Magnolia Diagnostics and Oasis Financial.”

Based on the factual allegations, the testimony and documentary evidence, and the report of the hearing board, the Louisiana Attorney Disciplinary Board found that the respondent violated the above-mentioned Rules of Professional Conduct.

The Disposition states:

“The Board declines to adopt the Committee’s recommended sanction of disbarment, but instead recommends that Respondent be permanently disbarred. The Board also recommends that Respondent make complete restitution to the third-party providers to whom money is still owed and that he be assessed with all costs and expenses of these proceedings in accordance with Rule XIX, Section 10.1.”

Mr. Tim L. Fields graduated from Loyola University School of Law, class of 1996. He has been admitted to the Louisiana Bar in 1997, license #24794. His info can be found on the website of his law firm, the Law Offices of Tim L. Fields.

A copy of the original filing can be found here.