Wednesday, June 29, 2022

First Mistake In 45 Years

A stayed six-month agreed suspension was accepted by the Louisiana Supreme Court

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent notarized a will that was executed by the testator outside of the presence of the witnesses. Respondent and the ODC submitted a joint petition for consent discipline in which respondent admitted that her conduct violated Rules 8.4(a), 8.4(c), and 8.4(d) of the Rules of Professional Conduct'

The attorney is subject to a one-year unsupervised probation.

Justice McCallum dissented

I dissent for two reasons. First, I believe that the issues of discipline and malpractice have been inappropriately conflated. Respondent’s actions would more appropriately be addressed in the context of a malpractice action than in a disciplinary proceeding. Second, in my view, the discipline imposed is unduly harsh under the circumstances of this case. Respondent has not had any prior disciplinary complaints in 45 years of practicing law; this is her first mistake. While the parties  have agreed to the discipline pursuant to a joint petition, I would impose a less severe sanction.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/06/a-stayed-six-month-agreed-suspension-wa-accepted-by-the-louisiana-supreme-court-justice-mccallum-dissented-i-dissent-for-tw.html

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