Suspended attorney Carlos Moore is trying to get his law license back. The Mississippi Supreme Court suspended Moore from the practice of law for one year in January 2025 after he botched the disbursement of settlement funds.
Mr. Moore petitioned the Court yesterday to lift his suspension. The former Grenada attorney claims he met the Court's criteria for the restoration of his license:
* He notified all victims of the improper conduct.
* He paid the full $90,845 owed to one heir and an additional $30,000 in settlement of a lawsuit with the heir.
* Mr. Moore completed the Mississippi Bar's Trust Account Program.
* Mr. Moore passed the Mississippi Professional Ethics exam in March.
* No bar complaints have been filed against Mr. Moore since 2021. (Ah, but what about sanctions?)
* The state of Tennessee reinstated his law license. The Tennessee bar suspended the attorney after he improperly placed a lien on a client because she rejected a settlement offer.
The reinstatement petition is posted below.
How did we get here?
History of Case
A man died of a drug overdose several hours after he was arrested by JPD in 2015. His mother sued JPD. Chokwe Antar Lumumba represented the plaintiff but was replaced by Moore when he became Mayor of Jackson in 2017. The Lumumba administration settled the case with his former client for $300,000. Earlier post on settlement.
Mr. Moore submitted a petition to open the estate for Jamaal Mallard in Hinds County Chancery Court in December 2017. The Chancellor ruled Jamaal's brother Jamuric was entitled to 50% of his brother's estate. Although Moore was supposed to file a petition to determine the wrongful death beneficiaries, he did not do so. Strike.
Although the attorney was supposed to distribute $90,845 each to Jamaal's brother and mother, he instead transferred $181,691 to the mother, Nanette Ballard.
Two and a half years passed before Jamuric asked what happened to the settlement. Although incarcerated, Jamuric lawyered up and filed a petition for the accounting of the estate in 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.
Jamuric's 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 where it became rather clear the attorney did not know what he was doing. He said he realized he needed to get the Court's approval for the wrongful death settlement after Jamuric filed his petition. The Court also pointed out Mr. Moore filed a petition to determine heirship instead of to determine wrongful death beneficiaries. Oops.
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Bar Suspends Carlos Moore
The Mississippi Supreme Court's Complaint Tribunal blistered the attorney: "Mr. Moore failed to meet the requirements of competentrepresentation when he was retained by Nanette Moore." The Tribunal used the word "competent" several times in this section of the opinion.
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.
Mr. Moore said he paid Jamuric the funds owed in January 2021. However, the Tribunal said nice try as it 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 tribunal consisted of Judges Dal Williamson, Jackey Bertucci, and James Lambert, III.
* 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.
*The Mississippi Supreme Court permanently suspended Carlos Moore from serving as a judge after it removed him from his position as a Grenada Municipal Court Judge Pro-Tem.
* Then there his last shenanigan where he sued the wrong police officer.
It was only a matter of time before he was suspended.
1 comment:
Willful abuse of the law which any lawyer should know, should be permanent disbarment.
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