Tuesday, February 16, 2010

Not Forever

The Louisiana Supreme Court affirmed findings of ethical misconduct in two consolidated matters but declined to impose the sanction of permanent disbarment that had been proposed by its Disciplinary Board. Although the misconduct involved an array of violations including, among other things, neglect, failure to supervise non-lawyer employees, forgery and trust account violations, the court concluded:

Although any instance of conversion is serious misconduct, it is well settled that we do not impose permanent disbarment lightly. Rather, permanent disbarment is reserved for those cases where the respondent's conduct convincingly demonstates that he does not possess the requisite moral fitness to practice law in this state, thereby making it highly unlikely readmission would ever be granted....Based on the record before us, we do not believe respondent's conduct rises to this level.

(Mike Frisch)


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