Thursday, May 23, 2024

Failed Probation

The Louisiana Attorney Disciplinary Board rejected a proposed six-month suspension as unduly lenient and recommended a year and a day suspension of an attorney.

The attorney had been on probation and had that probation extended for additional misconduct

Considering all of the above, the Board finds that the Committee’s recommended sanction of a six-month suspension is too lenient. Respondent’s misconduct here reflects a continuing pattern of neglecting client matters even after Respondent was previously allowed a deferred suspension, then allowed a second chance with the extension of the probationary period, and then was cautioned by ODC after Mr. Ledet had to complain again to ODC after the probationary period was extended. Respondent has also shown repeated indifference to the disciplinary process. In this proceeding, Respondent did not answer the formal charges, allowing the factual allegations to be deemed admitted, did not file a memorandum addressing sanction with the hearing committee, did not file a brief to the Board, and did not appear for argument before the Board panel. In the probation revocation proceeding, Respondent did not file any response to ODC’s motion to revoke probation or make any other contact with the Board prior to the day of the hearing on the motion. In light of all of the circumstances presented here, the Board finds that Respondent should be suspended for one year and one day.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/05/failed-probation.html

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