Don’t Mess With Louisiana

A Texas resignation translates into a Louisiana disbarment, according to a recent opinion of the Louisiana Supreme Court.

 In February 2016, respondent filed with the Supreme Court of Texas a “Motion for Acceptance of Resignation as Attorney and Counselor at Law” in lieu of discipline. The Chief Disciplinary Counsel (“CDC”) of the State Bar of Texas filed a response to the motion, agreeing that acceptance of respondent’s resignation in lieu of discipline is in the best interest of the public and the legal profession.

By my count (a traditionally questionable source), there were 38 pending complaints when the attorney threw in the Texas towel.

The court

In the instant case, respondent has made no showing of infirmities in the Texas proceeding, nor do we discern any from our review of the record. Furthermore, we feel there is no reason to deviate from the sanction imposed in Texas as only under extraordinary circumstances should there be a significant variance from the sanction imposed by the other jurisdiction…

Under these circumstances, we believe it is appropriate to defer to the Texas judgment imposing discipline upon respondent. The discipline imposed in Texas was the acceptance of respondent’s resignation from the practice of law in lieu of discipline, with a list of conditions if respondent wishes to be reinstated to the practice of law in Texas in the future…

acceptance of respondent’s resignation from the practice of law in lieu of discipline in Louisiana would permanently prohibit him from seeking reinstatement in Louisiana and/or Texas, which is not equivalent to the discipline imposed in Texas…

In light of the Texas Rules of Disciplinary Procedure, the most equivalent reciprocal discipline we could impose upon respondent is disbarment. Accordingly, we will impose reciprocal discipline upon respondent in the form of disbarment.

(Mike Frisch)