Long Suspension For “High Degree Of Negligence”

The Louisiana Supreme Court rejected a six-month suspension and probation proposed for an attorney who had mishandled his trust account.

The court ordered a two-year suspension.

Respondent is guilty of at least a high degree of negligence in mismanaging his client trust accounts. His actions caused actual harm to a client, and potential harm to an unknown number of clients. The harm respondent caused to his client was not rectified until after she filed a disciplinary complaint against him. Significant aggravating factors are present, including respondent’s prior disciplinary record for similar misconduct, the fact that he committed multiple offenses, and his substantial experience in the practice of law.

Considering these factors, we find the appropriate sanction for respondent’s misconduct is a two-year suspension from the practice of law.

The attorney was admitted in 1972 and has a record of prior discipline that contributed to the court’s determination that the recommended sanction was unduly light

The board suggested we impose a sanction similar to the one we imposed in Dumas I – namely, a one-year suspension with six months deferred, followed by probation with conditions. When we imposed a relatively lenient sanction in Dumas I, it was our intention that respondent be given an opportunity to address his deficiencies. However, the record reveals that since his prior suspension, respondent’s accounting practices have only deteriorated further. The continuation of respondent’s misconduct following our judgment in Dumas I makes it clear no useful purpose would be served by deferring any portion of respondent’s suspension.

(Mike Frisch)