Texas Bar Acquittal Does Not Prevent Louisiana Suspension

The Louisiana Supreme Court has imposed discipline on two attorneys, only one of whom is admitted to practice in the jurisdiction.

The misconduct took place in a federal case involving a work-related diving accident.

The non-admitted attorney had participated in a deposition and been listed as counsel of record but not sought admission pro hac vice in the case. He thus had engaged in unauthorized practice.

The court held that it had plenary authority to regulate practice within its borders for the protection of its citizens. The sanction imposed prevents the attorney from seeking full or pro hac admission or three years.

Notably, the non-admitted attorney (licensed in Texas and Pennsylvania) was acquitted of ethical misconduct involving the same client  by a Texas jury. There, the charges involved providing improper financial assistance and solicitation of professional employment.

The court here rejected the argument that it was obligated to accord full faith and credit to the Texas acquittal because the charges of unauthorized practice were not addressed in that action.

The other (admitted in Louisiana) attorney was disbarred.

Justice Knoll would disbar them both. (Mike Frisch)