The state Supreme Court has ordered a Kaplan attorney disbarred.
The law license of Justin Taft Merritt has been revoked, and his name stricken from the state's roll of attorneys, the state Supreme Court ordered.
Merritt was accused by two former clients of taking more than $11,000 from them to handle the purchase of some property - and then failing to send the money to the seller.
According to decision released today by the Court, Merritt was hired by an Abbeville couple to handle their purchase of some property in Terrebonne Parish. They gave him a total of $11,531.43 to purchase the property, and although he prepared the documents in May 2020 he never sent the money to the seller, the decision states.
The couple tried to get in touch with Merritt, but he wouldn't take their calls, the decision states. So in April 2021 they hired another attorney to help them with the situation. He got in touch with Merritt, who promised an explanation, but that never came, the decision states. That second attorney has filed suit against Merritt for the couple, and he also filed a complaint with the state Office of Disciplinary Counsel on their behalf, the decision states.
The ODC also wasn't able to get Merritt to respond, and he never responded to requests from the Court, either. The decision notes that Merritt hasn't been eligible to practice law since last year, because he didn't comply with continuing legal education requirements, didn't pay his bar dues and failed to file his trust account statements.
After the investigation, the ODC filed formal charges against Merritt, alleging he failed to act with reasonable diligence and promptness in representing a client; failed to communicate with a client; failed to refund an unearned fee; failed to timely remit funds to a third party; failed to cooperate with an ODC investigation; and committed a criminal act that reflects adversely on his fitness as a lawyer. He didn't respond to the charges, meaning under state rules he admitted them. The hearing committee asked him to provide them with something about his side, and he didn't respond to that, either, the decision states.
"The committee determined respondent violated duties owed to his clients, the public, the legal system, and the legal profession. He acted negligently, knowingly, and intentionally, causing harm. He caused significant financial harm to his clients, who had to hire counsel to file suit for damages incurred," the decision states.
The committee recommended permanent disbarment, meaning Merritt could never again be admitted to the practice of law. But the Court decided that was too harsh, and opted instead for "ordinary" disbarment. Under ordinary disbarment, an attorney can re-apply for admission to the bar after five years.
The Court also ordered Merritt to pay back the money to his clients.
