Readmitted Over Dissents

A majority of the Louisiana Supreme Court has rejected the unfavorable recommendation of its Attorney Disciplinary Board and readmitted an attorney who

In 2009, petitioner and his law partner, Thomas R. Pittenger, were disbarred for engaging in conflicts of interest, failing to supervise their non-lawyer staff, engaging in impermissible fee-sharing with non-lawyers, and facilitating the unauthorized practice of law by non-lawyers.

The terse bottom line is that he 

be immediately readmitted to the practice of law in Louisiana, subject to a two-year period of supervised probation.

Justice Crichton dissented joined by two colleagues.

Supreme Court Rule XIX, § 24(E)(4) demands that applicants seeking readmission to the Louisiana Bar recognize the wrongfulness and seriousness of the conduct resulting in disbarment. After his disbarment, Mr. Guirard complained that his punishment was “Draconian,” dismissed his transgressions as “technical violations,” and claimed the mantle of “poster boy” for “[victims] of government injustice.” Even at his readmission hearing, he characterized the harm to his clients as merely “theoretical.” Clearly, Mr. Guirard, even at this late date, fails to recognize the seriousness and wrongfulness of his misconduct. More importantly, he fails to recognize that the actual victims of injustice were his clients. As United States Supreme Court Justice Benjamin Cardozo noted nearly a century ago while sitting as a judge on the Court of Appeals of New York: “Membership in the bar is a privilege burdened with conditions.” In re Rouss, 221 N.Y. 81, 116 N.E. 782, 783 (1917). The most solemn condition of bar membership must certainly be an unwavering commitment to competent representation.

The disbarment order is linked here.

Law360 reported on the board recommendation. (Mike Frisch)