Committee recommends Fontenot to be disbarred

The Louisiana Attorney Disciplinary Board’s Hearing Committee has recommended that Timmy Fontenot be disbarred.
Complaints were filed against Fontenot in 2014 by a former client of his who alleged the Mamou attorney made them wait five years to receive a settlement that his clients did not agree to. A complaint was also filed by the attorney representing the defendants in this matter.
Fontenot, who was the former Magistrate in Mamou and a former Evangeline Parish Assistant District Attorney, was representing Francis and Ellen Ortego in a personal injury case against Calvin Guillory and Progressive Security Insurance after they were involved in a motor vehicle accident in 2006.
According to the formal charges, Fontenot “negotiated a settlement with Progressive and Mr. Guillory in the amount of $52,500.00,” and on April 24, 2008 all settlement proceeds, along with a release of all claims and order for dismissal, were sent to Fontenot. The documents were returned with the necessary signatures of Fontenot and his clients, and the suit was dismissed on November 3, 2008. However, the Ortegos were unable to confirm their signature on the release.
According to the Ortegos, the agreement they had with their attorney was that he would earn one-third of any settlement over $51,000.00. However, this agreement was not put in writing.
In March of 2013, Fontenot informed the Ortegos “that Progressive was willing to settle the matter for $100,000.00, but wanted to pay the settlement over a period of time in four payments.” This information was false, “as Progressive had indicated it was only willing to pay $52,000.00.”
On December 20, 2013, Fontenot issued a check in the amount of $33,333.33 to the Ortegos and wrote “Full and Final Settlement” on the check.
According to the Ortegos, they “were not aware that their matter settled in 2008 for $52,500.00, they had not signed the release forms sent to Mr. McDonald,” and they were not aware that their attorney “dismissed the lawsuit, as he did so without their consent.”
In the hearing committee’s recommendation it states, “Respondent (Fontenot) violated duties owed to his client, the public, the legal system and the profession. Further, and based upon the evidence, Respondent’s conduct was intentional.”
The Rules of Professional Conduct that were violated by Fontenot are: Rule 1.3, a lawyer shall act with reasonable diligence and promptness representing a client; Rule 1.4(a), a lawyer shall: (3) keep the client reasonably informed about the status of the matter; Rule 1.5(c), a contingent fee agreement shall be in writing signed by the client; Rule 1.15(f), on client trust accounts, cash withdrawals and checks made payable to “Cash” are prohibited; Rule 8.4(a), it is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct; and Rule 8.4(c), engaging in conduct involving deceit or misrepresentation.
According to the American Bar Association Standard 5.11b, these actions are grounds for disbarment.
The ABA Standard states, “A lawyer engages in any other intentional conduct involving dishonesty, fraud, deceit, or misrepresentation that seriously adversely reflects on the lawyer’s fitness to practice.”
Also cited in the hearing committee’s recommendation is ABA Standard 7.1, which reads, “Disbarment is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system.”
In the March 10, 2017 conclusion of the hearing committee’s recommendation, it states, “Considering the foregoing, the Hearing Committee finds the factual allegations to have been admitted and that Respondent violated the Rules of Professional Conduct. It recommends that Timmy James Fontenot be disbarred. The Committee further recommends that the Respondent be charged with all costs and expenses of these disciplinary proceedings.”
Fontenot at this time still remains eligible to practice law due to the fact that the hearing committee’s decision is just a recommendation. The final decision as to whether Fontenot will be disbarred will be made by the Louisiana Supreme Court.