In re Gilbert
185 So. 3d 734
| La. | 2016Background
- Janinne Latrell Gilbert, Louisiana attorney, was charged by the Office of Disciplinary Counsel (ODC) for misconduct in three matters involving clients Patrice Warren, Carol Joseph, and co-counsel Raven Pillette.
- Warren paid $1,500 (flat fee) in Jan 2012 for a succession; Gilbert failed to communicate, perform work, ignored termination, and did not refund the fee. Warren filed an ODC complaint in Oct 2012.
- Joseph paid $3,850 (for multiple successions) in Nov 2010; Gilbert provided sporadic responses, failed to complete work despite receiving a correct death certificate, and did not refund fees; Joseph retained new counsel in Feb 2014.
- Pillette co-represented a workers’ compensation client with a fee-split agreement; settlement proceeds were paid to Gilbert but she failed to remit Pillette’s $2,000 share.
- Gilbert repeatedly failed to cooperate with ODC subpoenas and requests for supplemental responses; she did not answer formal charges, so allegations were deemed admitted.
- Hearing committee and Disciplinary Board found multiple Rules violations (neglect, lack of communication, conversion of fees, failure to cooperate); both recommended disbarment and restitution. The Supreme Court adopted the recommendation, disbarred Gilbert, and ordered restitution and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gilbert neglected client matters and failed to communicate | ODC: Gilbert neglected representation of Warren and Joseph, failed to respond, and performed little or no work | Gilbert did not file responses to rebut; she asserted medical issues for missing sworn statements but provided no substantiation | Court: Deemed admitted facts show neglect and inadequate communication; Rules 1.3 and 1.4 violated |
| Whether Gilbert wrongfully retained or converted client funds / failed to refund unearned fees | ODC: Gilbert kept flat fees and did not refund unearned portions to Warren and Joseph; converted Pillette’s earned fee | Gilbert offered no evidence or accounting and failed to cooperate or contest charges | Court: Findings support conversion and failure to account/refund; Rules 1.5, 1.15 violated |
| Whether Gilbert failed to cooperate with disciplinary process | ODC: Gilbert ignored subpoenas, failed to provide supplemental responses, and did not answer formal charges | Gilbert claimed medical reasons for missing sworn statements but otherwise did not participate | Court: Failure to respond deemed knowing failure to cooperate; Rules 8.1 and 8.1(c) violated |
| Appropriate sanction for misconduct (disbarment vs lesser discipline) | ODC and Board: Misconduct was knowing/intentional, caused actual harm, and fits ABA baseline of disbarment given aggravating factors | Gilbert did not present mitigation beyond absence of prior record | Court: Adopted board recommendation — disbarment, restitution to victims, and assessment of costs |
Key Cases Cited
- In re: Weber, 177 So.3d 106 (La. 2015) (disbarment for neglect, lack of communication, conversion of client funds, and failure to cooperate)
- In re: Hatfield, 2 So.3d 425 (La. 2009) (disbarment for neglect, poor communication, failure to refund unearned fees, and failure to cooperate)