The Arkansas Lawyer magazine Summer 2001

Page 54

Lil\\}CI' offered no explanation as to how he might have misunderstood which amounts were due in light of the faa that the break-down he sent Ms. Brown in the September 16, 1996, leuer clearly demonstrated that 5610 was owed on Ms. Brown's account. Another outstanding accoum on Ms. Brown's credit report was the one with Kissimee/Osceola Ambulance in the amount of $41 O. This accoum was still open as of the date of the execution of formal disciplinary complaint according to Ms. Brown. For almost six (6) months after Ms. Brown received her credit report, she anempted [0 contact Mr. Goodman [0 learn whether the medical bill had been paid. She left several messages which were not returned. As of the date of her affidavit to the Comminee, Ms. Brown had not been provided any of the information she requested about this particular medical bill. Another bill that Mr. Goodman was [0 have paid from the check he mailed to Ms. Brown for endorsemem was an account with Florida Hospital Radiologists in the amount of $91.80. Ms. Brown's credit report demonstrates that as of August 1998, this accounr had still not been paid. Ms. Brown requested information from Mr. Goodman about this unpaid bill as well bur he did nOt respond to the requests for information. Even though the amounts are separated on the break-down of medical bills sent to Ms. Brown in September 1996, Mr. Goodman asserted that he believed the $410 bill and the $91.80 bill were included in the amount of 5574.00 owed to the hospital in Florida. Mr. Goodman denied that he ever misled Ms. Brown at any time during the course of his representation of her. He also explained [hat he d;d pay the only radiology bill that he had in his file on Ms. Brown's matters and therefore was not dishonest with her aOOur any of the unpaid bills. Further, Mr. Goodman informed the Comminee that had he known the ambulance bill and the Florida hospital bill had not been paid, he would have paid them immediately. Upon receipt of the formal complaint, Mr. Goodman forwarded Ms. Brown a check in the amoum of$501.08. Mr. Goodman also advised the Committee that during his representation of Ms. Brown, he reduced his fee in the personal injury matters and represented her in the divorce proceeding

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wilhour charging a fee. He offered his apology to his former client for the adverse information on her credit report and stated that he did not do anything intentionally to hurt her or her ex-husband. Following the Committee's initial review of this maner, the Committee requested Mr. Goodman appear before them for an evidentiary hearing pursuant to Section 5H(4) of the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Anorneys ar Law (Procedures). ~The Committee directed that Mr. Goodman provide certain information prior ro the scheduled hearing. The information was requested by subpoena dated May 31, 2000. Mr. Goodman was nor able ro provide all the information requested by the Comminee. He did provide the checks which were paid ro him for anorney's fees in the personal injury matters. However, he was unable to provide his written fee COntracts. In addition, he was unable to provide the settlement statements for each personal injury matter. AJthough he was able to provide some of the checks written for payment of bills from Ms. Brown's personal injury claims, he was not able ro provide all of them. Mr. Goodman appeared before the Committee on Friday, July 14, 2000, to respond to inquiries about this formal complaint and the allegations contained

therein. At the close of the evidentiary hearing, Mr. Goodman was directed by me Commirree to provide additional documentation to the Committee. Mr. Goodman was unable to provide the additional information, which included (1) the wrinen fee contracts; (2) the settlemem statements prepared in each of Ms_ Brown's legal marters; and. (3) a copy of each check drawn on Mr. Goodman's bank accoum for each of Ms. Brown's legal matters. Upon consideration of the formal complaint, the response thereto, the testimony provided by Mr. Goodman during the evidentiary hearing, and the Arkansas Model Rules of Professional Conduct, the Comminee on Professional Conduct finds: 1. That Mr. Goodman's conduct violated Model Rule 1.4(a) when he failed to respond to Ms. Brown's repeated requests for information about the medical bills he was to pay on her behalf and when he failed to provide Ms. Brown information on the status of the account owed to the ambulance company in Florida. Model Rule 1.4(a) requires that a lawyer keep a c1iem reasonably informed about the Status of a maner and promptly comply with reasonable requests for information. 2. That Mr. Goodman's conduct violated Model Rule 1.l5(b) when he fa;led (0

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