Tuesday, June 2, 2009

Self Dealing Draws Disbarment Recommendation

An attorney who had violated Rule 1.8(a) in his self-dealing with an estate is the subject of a disbarment recommendation by the Louisiana Attorney Disciplinary Board. The board concluded that the misconduct was more severe than in prior cases where a lesser sanction had been imposed:

The amount of money at stake in this matter and severity of Respondent's misconduct is much greater than that seen in [the] Grevemberg [case], making [his] actions to secure the assets of the consolidated...estates far bolder than those of Mr. Grevemberg. A harsher sanction than that imposed in Grevenberg is warranted here. Further...the Respondent took advantage of his elderly, ninety year old client when borrowing $600,000 from her, without following the requirements of Rule 1.8(a). To make matters worse, his corporation...used these funds to purchase what would ultimately be determined (albiet via settlement) [the client's] own interest in the consolidated Fuller estate.

The hearing committee had proposed a lesser sanction. (Mike Frisch)


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