June 4, 2012
No Interim Suspension For Non-Cooperation
The Louisiana Supreme Court has denied the petition of the Office of Disciplinary Counsel ("ODC") to impose interim suspension of an attorney who has been charged in one matter with neglect-type violations.
The ODC sought suspension for failure to cooperate with its investigation od a series of similar complaints. The court ordered a hearing to address ODC's concern. The hearing committee found that the attorney had failed to cooperate in some matters.
The court noted that the attorney's failures were due, at least in part, to her obligations to clients. While she could have been "more diligent" in her dealings with ODC, the conduct was not contumacious.
The court did not opine on whether the conduct amounted to a disciplinary violation. Rather, the court concludes that the non-cooperation did not rise to a level of misconduct that would support an interim suspension.
The court ordered her to provide the information sought by ODC within 30 days.
Justice Victory would grant the petition. (MIke Frisch)
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