On Friday, December 9, 2022, Hearing Committee #8 of the Louisiana Attorney Disciplinary Board ruled on charges of attorney discipline against New Orleans attorney Mamie L. Franklin alleging client neglect.

The case is entitled “In the matter of Mamie L. Franklin” and was brought by the Office of the Disciplinary Counsel. Case #22-DB-025.

The charges cited rules of professional conduct 1.3, 1.4, 1.5(c), 1.16(d), and 8.4(a).

Ms. Franklin was alleged to have violated the above-cited rules when she:

demonstrated a complete lack of diligence toward her client’s matters;

failed to communicate on a fair, regular, or reasonable basis;

failed to reduce a contingency fee agreement to writing

failed to return a client file;

caused substantial delays to the underlying litigation; and

through her actions, violated the Rules of Professional Conduct.

The Louisiana Rules of Professional Conduct can be found here.

The following are as alleged and summarized from the filing:

Ms. Franklin allegedly engaged in misconduct when she initiated a suit on her client’s behalf, then consciously neglected and failed to diligently and competently represent said client’s matter until December 2019, when Ms. Franklin’s representation was terminated by the client.  She failed to move the client’s case forward for over two and a half years which caused substantial harm to the client. Moreover, Ms. Franklin failed to return her client’s file upon her termination. It was further alleged that Ms. Franklin repeatedly ignored the client’s multiple requests for information in writing and by telephone.

The filing states:

‘The factual allegations in the formal charges are deemed admitted. Respondent was served with Formal Charges as required by Rule XIX, Section 13(A) and failed to provide answers. ODC filed motions asking that the factual allegations be deemed admitted and proven by clear and convincing evidence. Orders to that effect were issued by the hearing committee chair, which also allowed Respondent twenty days to move to recall the orders and allowed each of the parties to file a written submission on the issue of sanctions.’

The filing continues:

‘The orders were served upon Respondent; however, she failed to move to have the orders recalled. Inasmuch as the procedural requirements of Louisiana Supreme Court Rule XIX, Section 11(E)(3) were met, the factual allegations alleged in the formal Charges are proven by clear and convincing evidence.’

Accordingly, the Hearing Committee ruled against Ms. Franklin in relation to her violations of the Rules of Professional Conduct as charged and recommended that she be suspended.

The Disposition states:

“The Committee finds the appropriate discipline for Respondent’s knowing, if not intentional, violations of the Rules of Professional Conduct is a suspension of one (1) year and one (1) day. The committee further recommends that Respondent be charged with all costs and expenses of these disciplinary proceedings pursuant to Rule XIX, §10.1.”

As of today, Ms. Franklin practices in New Orleans, Louisiana. She has been licensed in Louisiana, license #35408.

A copy of the filing can be found here.