LOUISIANA STATE BAR ASS'N v. HAYLING
529 So.2d 1 (1988)
LOUISIANA STATE BAR ASSOCIATION
Charles C. HAYLING III.
Supreme Court of Louisiana.
May 23, 1988.
Thomas O. Collins, Jr., Cheri A. Cotogno, New Orleans, Gerard F. Thomas, Jr., Natchitoches, Roland J. Achee, Shreveport, Robert J. Boudreau, Lake Charles, Robert M. Contois, New Orleans, Frank J. Gremillion, Baton Rouge, Carrick R. Inabnett, Monroe, Harvey Lewis, New Orleans, Alfred S. Landry, New Iberia, Philippi P. St. Pe, Metairie, for applicant.
Charles Hayling, Baton Rouge, for respondent.
The Louisiana State Bar Association, through its Committee on Professional Responsibility, instituted a proceeding against Charles C. Hayling III, a member of said association. Prior to the commencement of this proceeding, the committee had conducted investigations of respondent's alleged misconduct in accordance with article 15, section 3 of the articles of incorporation of the association. Notice of the proceedings which involved six specifications of misconduct, was sent to respondent by certified and regular mail dated February 20, 1987.
The committee held a formal investigative hearing on the six specifications on March 14, 1987, as provided in article 15, section 3(b) of the articles of incorporation. Respondent was not present nor was he represented by counsel at this hearing.1 Based on the evidence adduced at the hearing, the committee was of the unanimous opinion that respondent had violated laws of the state relating to the professional conduct of lawyers and the practice of law of sufficient gravity as to evidence a lack of moral fitness for the practice of law. Specifically, the committee found that respondent was guilty of the misconduct described in the specifications.
On April 21, 1987, the committee instituted in this court a suit for disciplinary action against respondent under the provisions of article 15, section 4(c) of the articles of incorporation. Respondent filed an answer to the petition. The court, by order, then appointed Mr. Cyrus J. Greco as commissioner to take evidence and file a report with this court setting forth his findings of fact and conclusions of law. Louisiana State Bar Association Articles of Incorporation, article 15, section 6(b) and (d).
A hearing before the commissioner was held on October 1, 1987. Neither respondent
nor his attorney was present.2 The committee introduced in evidence the entire record of the earlier investigative hearing, whereupon the committee rested its case. The commissioner filed with this court his written report on October 19, 1987, wherein he stated his findings of fact and conclusions of law and recommended that respondent be disbarred from the practice of law. The committee concurred with the commissioner's findings including the recommendation that respondent be disbarred.
The bar association has the burden of establishing by clear and convincing evidence that respondent was guilty of the alleged specifications of misconduct. Louisiana State Bar Association v. Dowd,445 So.2d 723 (La.1984). The following allegations of misconduct have been made against respondent.3 The first specification of misconduct concerns respondent's handling of settlement funds belonging to one of his clients, Ms. Pearley Mealey. The specification accuses respondent of neglecting a legal matter entrusted to him in violation of DR 6-101(A)(3),4 of failing to maintain complete records of client's funds and of failing to render appropriate accounts to his client regarding those funds in violation of DR 9-102(B)(3),5 and of commingling and converting his client's funds in violation of DR 1-1026 and 9-102(A) and (B).7