CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS
STATE OF LOUISIANA
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CHADSIDY BLACKSTONE,
versus
LIONEL LON BURNS
FILED: ________________ DEPUTY CLERK: _____________
PETITION FOR DAMAGES
NOW INTO COURT comes CHADSIDY BLACKSTONE, a person of full age of majority and domiciled in the Parish/County of Orleans, State of Louisiana, who respectfully represents:
Defendant LIONEL LON BURNS is a person of full age of majority and is an attorney licensed to practice law in the State of Louisiana whose primary address is 1465 N. Broad St. #207, New Orleans, LA 70119. Defendant’s registered secondary address is 5740 Eastover Dr. New Orleans, LA 70128. Defendant practices law in the Law Office of Lionel Lon Burns, Esq., LLC.
JURISDICTION AND VENUE
This Court has jurisdiction of this matter as the amount in controversy exceeds the Court’s jurisdictional minimum amount.
That some of all of the acts of negligence set forth in the petition occurred in Orleans Parish.
That at all times pertinent herein, there existed an attorney client relationship between the Plaintiff and Defendant.
CONCISE STATEMENT OF FACTS
On December 2, 2021, Plaintiff retained Defendant Lionel Lon Burns to represent her in a lawsuit against her and her employer, the United States Postal Service, Christopher Trumuda, and the Union. Randy Tucker, who is Defendant’s paralegal, stated that the Defendant takes Federal cases. A Flat Fee Agreement and Authorization to Represent was then prepared. The Agreement stated that Plaintiff would pay a flat fee of $3,500 for Defendant’s representation. On December 2, 2021, Plaintiff paid Defendant the $3,500 retainer fees.
Since paying the retainer fees, there has been no progress in the case. Defendant failed to sign the retainer, and his paralegal, Randy Tucker, took the retainer. Defendant also failed to present medical documents as evidence, in a timely manner.
Plaintiff has also learnt that some of her claims are already barred by the statute of limitations. Defendant never pointed out this matter with Plaintiff.
On June 22, 2022, Plaintiff wrote an email to Defendant, requesting a return of the client file and the $3,500 she had already paid. By this time, the lawsuit for which Plaintiff retained Defendant had not happened.
In response to Plaintiff’s email, Defendant sent Plaintiff a detailed bill showing text/calls between Plaintiff and Defendant’s paralegal, Randy Tucker. The bill amounted to $9,050. Defendant later admitted that the detailed bill was replete with errors and misrepresentations.
Plaintiff fired Defendant in 2022. It was not until September 27, 2022 when the $3,500 was returned to Plaintiff.
It is notable that Defendant has prior disciplinary history. For instance, in 2006, Defendant was admonished by the Louisiana Attorney Disciplinary Board for violating Rules 3.4 (a) and 8.4 (d) of the Rules of Professional Conduct (Docket No. 06-ADB-012), for being in contempt of court and a discovery dispute. In 2007, he was admonished by the Louisiana Attorney Disciplinary Board for violating Rule 1.15 (d) of the Rules of Professional Conduct (Docket No. 07-ADB-008), for failing to pay a third party on time. On May 2018, he was suspended from practice from practicing for one year for violating Rules 5.5(a) and 8.4(a) of the Rules of Professional Conduct, for facilitating his paralegal, Randy Tucker, to participate in a pretrial conference without identifying himself as a paralegal.
As a result of Defendant’s actions and/or inactions, Plaintiff lost her career job, and has not been able to successfully sue the Company.
It is notable that Plaintiff has already filed a Complaint against Defendant with the ODC, which Complaint was filed on July 1, 2022 (ODC Investigative File No. 0040162).
CLAIMS
Negligence
Defendant as a professional had a duty of care to zealously represent Plaintiff and to responsibly prosecute her case.
Defendant did not conduct his duties as required. First, Defendant delayed in pushing forward Plaintiff’s case. Plaintiff only realized later that there has been no progress in the case.
Defendant also failed to present medical documents as evidence, in a timely manner. The documents would have provided pertinent evidence in support of Plaintiff’s claim(s).
Defendant also failed to advice Plaintiff that some of her claims were barred by the statute of limitations.
As a direct and/or proximate result of Defendant’s negligence, Plaintiff lost her career job, and has not been able to successfully sue the Company.
Legal Malpractice
Defendant violated Louisiana Rules of Professional Conduct 1.3, 1.4, 3.2, and 8.4.
According to Ill. Sup. Ct. R. 1.3, a lawyer shall act with reasonable diligence and promptness in representing a client. Defendant violated this provision when he delayed in pushing forward Plaintiff’s case.
According to Ill. Sup. Ct. R. 1.4(a)(3), a lawyer shall keep the client reasonably informed about the status of the matter. Defendant failed to update Plaintiff on the status of the case. Plaintiff only realized later that there has been no progress in the case.
According to Ill. Sup. Ct. R. 3.2, a lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. Defendant violated this provision by delayed in pushing forward Plaintiff’s case.
According to Ill. Sup. Ct. R. 8.4(a)(c), it is professional misconduct for a lawyer to violate or to attempt to violate the Rules of Professional Conduct. It is also professional misconduct for a lawyer to engage in acts of fraud, dishonesty, deceit, and misrepresentation.
According to Ill. Sup. Ct. R. 8.4(d), a lawyer should not engage in conduct that is prejudicial to the administration of justice. Here, Defendant not only delayed the prosecution of Plaintiff’s case, he failed to present pertinent evidence of medical records to the court. This action and/or inaction prejudiced Plaintiff’s access to justice.
As a direct and/or proximate result of Defendant’s malpractice, Plaintiff lost her career job, and has not been able to successfully sue the Company.
Misrepresentation
Defendant represented to Plaintiff that he would effectively represent Plaintiff in her lawsuit. Notably, Plaintiff needed a federal lawyer and Defendant made it seem like he was a federal lawyer but Plaintiff later found out he a criminal lawyer.
Defendant’s representation was false. For instance, as Plaintiff later found out, there had been no progress in the case.
Defendant knew that the representation was false when he made it. Defendant also made the representation recklessly and without regard for its truth.
Defendant intended that Plaintiff rely on the representation.
Plaintiff reasonably relied on Defendant’s representation.
Plaintiff was harmed by the representation. Notably, Defendant delayed in pushing forward Plaintiff’s case. Defendant also failed to present medical documents as evidence, in a timely manner. The documents would have provided pertinent evidence in support of Plaintiff’s claim(s). Lastly, Defendant failed to advice Plaintiff that some of her claims were barred by the statute of limitations. As a result of Defendant’s negligence, Plaintiff lost her career job, and has not been able to successfully sue the Company.
Plaintiff’s reliance on Defendant’s representation was a substantial factor in causing her harm.
WHEREFORE, Plaintiff, CHADSIDY BLACKSTONE, prays this Honorable Court grant the following relief:
- For compensatory damages amounting to $1,000,000;
- For interest as allowed by law;
- For costs of the suit incurred herein; and
- For such other and further relief as the Court deems just and proper.
Date: _____________
Respectfully submitted,
_______________________
Chadsidy Blackstone
Plaintiff, pro se
CERTIFICATE OF SERVICE
I certify that a copy of this Petition was served on [ENTER DATE] to the Defendant in this case.
DATE: ___________
Primary address:
Lionel Lon Burns (Bar No. 25352)
Law Office of Lionel Lon Burns, Esq., LLC
1425 N. Broad St. #207
New Orleans, LA 70119
Secondary address:
Lionel Lon Burns
5740 Eastover Dr.
New Orleans, LA 70128
_______________________
Chadsidy Blackstone
Plaintiff, pro se
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