Tuesday, November 24, 2009

Probation Failure

The Louisiana Attorney Disciplinary Board has recommended a suspension of a year and a day, which will require the attorney to serve a suspension of that length that was deferred in favor of probation in June 2005. The Office of Disciplinary Counsel moved to revoke probation in January 2008 based on an allegation that the attorney had failed to respond to a new bar complaint. A hearing was held on ODC's motion and probation was extended by a year. The probationary period expired in February 2009.

The ODC filed charges based on the client complaint that had led to the revocation hearing. The attorney (who defaulted in this proceeding) was found to have made material misrepresentations at the revocation hearing as well as client-related misconduct. The board viewed the matter as a revocation of the stayed earlier suspension and rejected as unduly harsh a hearing committee's proposed three-year suspension. (Mike Frisch)

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