Both Sides Now

A Louisiana hearing committee has recommended a six month suspension with two months deferred in a matter where an Orleans Parish Assistant District Attorney continued to represent criminal defendants in the Parish after taking his oath of office as a prosecutor.  The complaint was filed by the New Orleans District Attorney.

The Committee was not entirely unsympathetic to the lawyer:

While the Committee finds clear and convincing evidence supports a finding that the violations were knowing, however, that evidence does not support a finding that the violations were intentional. It appears to the Committee that Respondent thought there would be no harm in his perfunctory appearences to assist in the winding up of the cases against his former clients. Respondent’s letter to the Disciplinary Counsel raises at least the likelihood that disclosures of the conflicts were made and consented to by the courts and by those whose interests were conflicted…No countervailing evidence was offered.

One concern I have here is that the attorney, after submitting the letters referred to above, failed to participate in the disciplinary proceedings. I have some difficulty giving any weight to favorable claims in the letters that were not made under oath and subject to cross-examination. (Mike Frisch)