Justices punish N.O. lawyer
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NEW ORLEANS — A divided Louisiana Supreme Court has suspended New Orleans lawyer Kym Krystyna Keller — who lost her home and office to Hurricane Katrina — then days later allegedly mishandled a client’s $4,200 settlement check.
In a separate ruling Friday, the high court lifted its suspension of Joseph H. Thompson, an Amite lawyer, who has been practicing for more than 45 years.
Acknowledging the “extreme stress” facing Keller, who opened her solo practice several months before Katrina hit in 2005, the high court then voted 5-2 to suspend the former Lakeview resident from practicing law for one year, deferring six months of the punishment, records show.
Evacuating to Baton Rouge in August 2005, Keller cashed her client’s settlement check, instead of placing the money in a separate account, records show.
“(Keller) admitted that she probably used these funds before she returned the funds to her client,” the court observed.
While there is “no doubt that (Keller) commingled client funds” with her own monies, a violation of professional standards, her missteps resulted from negligence and duress rather than a “dishonest or selfish motive,” the court ruled, adding later: “Although (Keller’s) state of mind does not excuse her violation, it is a factor to be considered in imposing discipline.”
Keller’s complaining client — whose own credibility came into question — did not “suffer any significant harm” from her lawyer’s actions and received “full restitution,” the court stated.
Admitted to practice in 1995, Keller has no prior offenses and “a good reputation in the community,” the court said.
She demonstrated remorse, while maintaining she cashed her client’s check out of fear a stop-payment order for the settlement might be issued during the desperate days following Katrina.
Justices John L. Weimer and Chet Traylor dissented, saying they would have deferred Keller’s entire suspension. “But for the unprecedented events caused by Katrina, I am convinced she would not have engaged in this conduct,” Weimer wrote.
The high court also ordered the immediate reinstatement of Joseph H. Simpson, who served one year of a three-year suspension (with the remaining time deferred). Simpson was suspended in 2007 for allegedly charging an excessive fee for a family succession and engaging in “harassing litigation” of a client, court records show. The high court noted there were no objections to Simpson’s reinstatement.
From 1968 to 1978, Simpson was first assistant district attorney for Tangipahoa, Livingston and St. Helena parishes, records show. He ran several unsuccessful campaigns for district attorney during the 1980s and 1990s.
In a separate ruling Friday, the high court lifted its suspension of Joseph H. Thompson, an Amite lawyer, who has been practicing for more than 45 years.
Acknowledging the “extreme stress” facing Keller, who opened her solo practice several months before Katrina hit in 2005, the high court then voted 5-2 to suspend the former Lakeview resident from practicing law for one year, deferring six months of the punishment, records show.
Evacuating to Baton Rouge in August 2005, Keller cashed her client’s settlement check, instead of placing the money in a separate account, records show.
“(Keller) admitted that she probably used these funds before she returned the funds to her client,” the court observed.
While there is “no doubt that (Keller) commingled client funds” with her own monies, a violation of professional standards, her missteps resulted from negligence and duress rather than a “dishonest or selfish motive,” the court ruled, adding later: “Although (Keller’s) state of mind does not excuse her violation, it is a factor to be considered in imposing discipline.”
Keller’s complaining client — whose own credibility came into question — did not “suffer any significant harm” from her lawyer’s actions and received “full restitution,” the court stated.
Admitted to practice in 1995, Keller has no prior offenses and “a good reputation in the community,” the court said.
She demonstrated remorse, while maintaining she cashed her client’s check out of fear a stop-payment order for the settlement might be issued during the desperate days following Katrina.
Justices John L. Weimer and Chet Traylor dissented, saying they would have deferred Keller’s entire suspension. “But for the unprecedented events caused by Katrina, I am convinced she would not have engaged in this conduct,” Weimer wrote.
The high court also ordered the immediate reinstatement of Joseph H. Simpson, who served one year of a three-year suspension (with the remaining time deferred). Simpson was suspended in 2007 for allegedly charging an excessive fee for a family succession and engaging in “harassing litigation” of a client, court records show. The high court noted there were no objections to Simpson’s reinstatement.
From 1968 to 1978, Simpson was first assistant district attorney for Tangipahoa, Livingston and St. Helena parishes, records show. He ran several unsuccessful campaigns for district attorney during the 1980s and 1990s.
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