Non-Compliance With Suspension Draws Second Proposed Suspension

An attorney's failure to comply with the terms of a prior suspension should be suspended for two years, according to a report and recommendation of the Louisiana Attorney Disciplinary Board

Here, Respondent failed to properly fulfill his obligations under Rule XIX to inform his client and opposing counsel of his prior suspension, failed to timely return unearned fees in two client matters, provided a false affidavit to the Court in order to qualify for reinstatement from his prior suspension, continued to receive payments in the Crocklen matter during his prior suspension, and provided a false bill to Ms. Blackstone. Respondent also has a prior disciplinary history. Considering the above Standards and jurisprudence and the multiple violations committed by Respondent in connection with two client matters, a two-year suspension is reasonable.

Respondent had sought continuances of briefing before the board due to a death in his family

ODC opposed Respondent’s second motion to continue. ODC explained that Respondent first contacted the proposed new attorney on June 11, 2024, the date his brief was due. After speaking with Deputy Disciplinary Counsel about the status of the matter, the new attorney informed ODC that he would not be taking on the representation. ODC also asserted that Respondent did not have a biological relationship with the individual who had passed away, but that his adult “son” was a half-brother of Respondent’s oldest son. While acknowledging respect for Respondent’s unfortunate loss, ODC argued that Respondent knew that he needed to retain an attorney and had already been granted an unopposed continuance and that the matter needed to move forward.

Respondent submitted his original signed motion to continue on June 20, 2024. His motion was denied by an Order signed on the same date.

(Mike Frisch)