Jackson Jambalaya

A complaint tribunal of the Mississippi Supreme Court suspended Grenada attorney Carlos Moore for a year after it found he was incompetent as a lawyer.  Yes, the Clown hit for the cycle as he managed to get suspended by both the Bar and the Commission on Judicial Performance . 

 The suspension of the Clown started in 2015 when Jamaal Mallard stole a lawnmower on Corkview in Jackson.  JPD tried to arrest him as he pushed the lawnmower down the street but he escaped their clutches.  However, they managed to arrest him at home for petit larceny a short while later and booked him into the JPD holding facility downtown at 3:43 AM.  Mallard was 29 years old. 

JPD discovered Mallard was dead at 6:00 AM.  The body showed no physical trauma.  The Mississippi Bureau of Investigations ruled he died of fatal cardiac arrhythmia caused by acute cocaine toxicity. In other words, he OD'ed.  

 Nanatte hired the Chokwe Antar Lumumba to represent the estate. He later stepped aside and Moore took up the case but not before Mr. Lumumba  petitioned the Hinds County Chancery Court to appoint Nanette as administratrix of the estate. Chancellor Denise Owens held the only assets the estate possessed was the wrongful death claim.  She also decreed any funds recovered to be held in an estate account and could not be spent without the Court's approval. 

Mallard's mother, Nanette, sued the city of Jackson, JPD Chief Lee Vance, and several JPD employees for wrongful death in U.S. District Court on March 29, 2017.  Moore represented Nanette in this lawsuit. The case settled in September 2018 for $300,000.  The Jackson City Council approved payment of the settlement.  That is when the fun began. Earlier post on settlement.

Mr. Moore submitted an amended petition to open the estate to the Chancery Court on December 14, 2017.  The new petition stated Jamuric was the natural brother of Jamaal.  The Chancery Court ruled Jamuric was entitled to 50% of his brother's estate on September 26, 2018.  Moore did not file a petition to determine the wrongful death beneficiaries was he was supposed to do.   

 Nanette signed an acknowledgement of conclusion of representation and disbursement authority for Mr. Moore.  The acknowledgement stated the funds would be distributed in the following manner: 

$65,000 for Moore's legal fees

$11,000 for Moore's expenses

$34,650 for attorney Mike Carr's legal fees

$6,850 to Oasis Financial.  The company provides "pre-settlement funding."  

$90,845 each to Nanette and Jamuric 

Although the document stated $90,845 would be paid to Jamuric, the money somehow never made it to him as "Instead, Mr. Moore disbursed funds from his IOLTA account to Nanette in the amount of $181,691."  The check stub stated the mother and brother were heirs but no money was paid to Jamuric as the mother kept the money for herself. 

2 1/2 years passed before Jamuric ask what happened to the settlement.   Although incarcerated, Jamurick retained attorney Phillip Laura to get to the bottom of the whole mess.  After discussions with the Clown went nowhere, Laura filed a petition for an accounting of the estate in July 2021.  

Moore suddenly got religion after the petition was filed.  The Grenada attorney mailed Jamuric a check for $95,845 drawn on his trust account.  Jamuric said nice try as he sued Moore and his mother in Hinds County Circuit Court in August 2021. Earlier post. 

The plaintiff charged Carlos the Clown and Nanette with violating their fiduciary duty.  He argued they knew he was a 50% beneficiary when they accepted the $300,000 settlement and spent it without the Court's approval.  He also accused Mr. Moore of acting on behalf of the estate without a signed contract stating he represented the Mallard estate .

The complaint accused the Clown of committing legal malpractice by settling the case, collecting attorney's fees, and disbursing estate funds even though he had no contract or authority to represent the estate.  

The Chancellor held a hearing in january 2022 on a petition for approval of the wrongful death settlement filed by Nanette.  Carlos the Clown actually said yes, he discovered when Mr. Laura brought it to his attention that the settlement should have been approved the Court.  "We filed a petition.... basically asking the Court to ratify what has been done," claimed the wayward attorney.  Although Mr. Moore was sking for forgiveness instead of permission, such was not to be the case. 

The Court noted the Clown filed a petition to determine heirshipo instead of a petition to determine wrongful death beneficiaries.  

The Complaint Tribunal slammed Mr. Moore as it cited Rule 1.1 of the Mississippi Rules of Professional Conduct: "Mr. Moore failed to meet the requirements of competent representation when he was retained by Nanette Moore."  The Tribunal used the word "competent" several times in this section of the opinion.  Double ouch.   

Moore admitted he failed to read the earlier court orders when he was retained.  He said he read the case docket but did not read the actual filings in the docket.  One of those orders he did not read directed him to deposit any funds into an estate account that could not be distributed without the Court's approval.  He failed to obtain approval of the settlement as required nor approval for his contingency fee arrangement. 

The Tribunal blistered Carlos the Clown: "Mr. Moore's failure to comply with the Uniform Chancery Court Rules demonstrates a lack of legal knowledge and skill" 

Thus, Mr. Moore's failure to follow the rules as well as his failure to comply with the Chancellor's orders is sufficient evidence to show a lack of competence in violation of Rule 1.1, MRPC. 

Down but not yet out, Mr. Moore tried to escape responsibility for his incompetence by arguing he paid $90,845 to Jamuric in 2021.  However, the Tribunal held "restitution" by an attorney of funds misappropriated does not "mitigate the offense."  Nanette converted the funds to her own personal use - an actual injury.  2 1/2 years passed before Jamuric discovered the misappropriation.  Mr. Mallet was forced to hire a lawyer to find out what really happened and only received said funds after his lawyer filed a petition for accounting of the estate in Chancery Court. 

The Clown pointed out he served on the Bar's Ethics Committee and was President of the National Bar Association.  The Tribunal said nice try.  Such a background shouldn't mitigate the punishment as Mr. Moore knew better than the average attorney what the rules are.  

The Tribunal decreed:

Moore is suspended from the practice of law for one year.  Effecting from the date of opinion.  December 31, 2024.  Moore must notify all clients, opposing counsel, and courts of his suspension.  Moore must apply for reinstatement to the Bar before he can practice law again.

The tribunal consisted of Judges Dal Williamson, Jackey Bertucci, and James Lambert, III

 

Kingfish note: It is no surprise Moore forced the Complaint Tribunal to take this step.  Check out the pattern of his behavior over the years: 

* The Mississippi Workers Comp Commission sanctioned him for $500 in 2017 for throwing a tantrum at a hearing. Earlier post. 

 * The Mississippi Court of Appeals ordered Carlos Moore to pay sanctions of $27,467 after he failed to appear in court for a trial because he had a "speaking engagement" in Texas. Earlier post. 
* Mississippi Bar reprimanded him in 2020 for ignoring an assignment of a Client's funds and providing the funds to the client. Earlier post. 
* Federal judge in North Mississippi sanctioned Moore for $3,000 in 2017 for fabricating statements, memos, and not responding to discovery.
*  U.S. District Judge Carlton Reeves sanctioned Moore $500 in the Belhaven case after he found Moore's client destroyed evidence in 2017.  Earlier post. 
*  The Tennessee Bar censured the Grenada attorney in 2019 after he placed a lien on a client because she rejected a settlement offer he recommended.  Earlier post.

* The estate of Kendrick Murry sued him (pro se) in September 2020 in Forrest County Circuit Court for alleged legal malpractice of a case.  Earlier post.  However, the lawsuit has not been prosecuted since the initial filing of the complaint.  Mr. Moore has not been served with the lawsuit.

Then there is the recent case in Oxford.  The Clown got caught fabricating statements in a wrongful death lawsuit.

* The Mississippi Supreme Court suspended Grenada Municipal Court Judge Pro-Tem  Carlos Moore for 60 days without pay after he he used his position as a judge to pressure two police officers for a private client.  Earlier post. 

* Then there his last shenanigan where he sued the wrong police officer.

 

It was only a matter of time before he was suspended.