No Good Excuse

An attorney whose bounced escrow check attracted disciplinary authorities was suspended for a year and a day with all but sixty days deferred by the Louisiana Supreme Court.

The bouncer

In his testimony before the committee, respondent explained that he received $250 in cash from a client. He then wrote a check from his IOLTA account in that amount payable to the Acadia Parish Clerk of Court to cover court costs required for a filing also made that same day. Respondent fully expected to deposit the $250 into the account when he returned from court, but through an inadvertent oversight he neglected to make the deposit for several days, and so the check to the clerk of court caused an overdraft. As soon as respondent learned of the overdraft, he made a deposit. Respondent apologized for his inattention to the ODC’s investigation, saying that he is ashamed of his conduct. He stated that he has no good excuse for his conduct except that it was the result of his ignorance. He admitted that he should have consulted with someone to ask for help.

One mistake led to another

Without minimizing the seriousness of respondent’s misconduct regarding his negligent conversion of client funds, his most egregious misconduct is clearly his failure to cooperate with the ODC. Like the attorney in Duhy, respondent acted knowingly and intentionally, and he has a disciplinary record for engaging in similar misconduct. However, in light of the fact that there are more mitigating factors present in this case than in Duhy, and fewer aggravating factors, we find a shorter period of actual suspension is warranted than was imposed in that matter.

The suspension will be followed by a period of probation. (Mike Frisch)