Rehearing Granted: Attorney May Practice But Not As A Solo

An order entered yesterday by the Louisiana Supreme Court on a request to re hear a previously-imposed sanction

It is ordered that petitioner… be conditionally reinstated, subject to a two-year period of supervised probation. During the period of probation, petitioner may not operate a solo law practice, but rather, must be a salaried employee of a law firm. Furthermore, petitioner shall have no access to client funds during the probationary period, nor shall he have signature authority on the financial accounts maintained by his employer, including any operating or client trust accounts. Should petitioner fail to comply with these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated immediately or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement, as appropriate. All costs of these proceedings are assessed against petitioner.

Justice Crichton dissented

In my view, the court’s December 9, 2015, judgment is final and definitive, and petitioner’s application for reconsideration, received twentyone days later, is untimely. In addition to the untimely nature of the application, I also believe that there is an insufficient showing to modify the court’s previous unanimous order denying reinstatement. Specifically, given the troublesome history of this case, petitioner has not demonstrated that he has the requisites to practice law in Louisiana.

The court had suspended the petitioner for two years in 2009. 

Justice Clark also dissented. (Mike Frisch)