Disbarment Or Permanent Disbarment?

The Louisiana Supreme Court has disbarred an attorney who converted client and law firm funds and failed to respond to the resulting investigation.

Judge Crichton thought that disbarment was unduly lenient in a concurring and dissenting opinion

 While I agree that respondent’s conduct warrants discipline, I believe that disbarment is an unduly lenient sanction. The facts of this case are egregious, and as such, respondent should be permanently disbarred.

The record reveals that among other misconduct, respondent converted client funds and failed to cooperate with the ODC in its investigations. Although the majority relies upon our decision in In re: Denhollem, 03-0935 (La. 6/6/03), 849 So. 2d 488, to support the imposition of disbarment, I note that in Denhollem, the respondent made full restitution to the clients whose funds he had converted. Here, respondent has not paid a penny of restitution to her victims, making Denhollem inapposite.

Given the pattern of misconduct in this case, and the resulting harm to clients, I would permanently disbar respondent and would not allow her the opportunity to apply for readmission to the practice of law in the future. Accordingly, I respectfully dissent.

The court ordered restitution as well as disbarment. (Mike Frisch)