North Of Disbarment

The Louisiana Attorney Disciplinary Board has proposed permanent disbarment of an already disbarred attorney based on findings that the first sanction did not take hold.

From the charges

Judge Monique Barial, with the Orleans Parish Civil District Court, states that on May 11, 2015, you appeared in her court as counsel for Ivan Prevost, petitioner in a Petition for Protection from Abuse. The Court rendered a judgment, which you were to prepare. When Mr. Prevost was unable to reach you to obtain a copy of the judgment, he went to the Court’s chambers to get a copy. The office staff told Mr. Prevost that it had not yet received the circulated Judgment with the Rule 9.5 Certificate. Approximately two days later, Mr. Prevost returned to the Court’s chambers to get a copy of the Judgment in order to schedule the evaluations ordered by the Court. Mr. Prevost told the staff that he still had not heard from you, and had in fact learned that you had been disbarred.

Judge Barial then called the number that was listed on the draft of the judgment you had previously sent to the Court, and left a message asking that you call the Division. To date there has been no response to Judge Barial’s request. Judge Barial also did a search of the Court’s Case Management System in order to identify whether or not you were listed as eligible. She noted that there was an Edward W. Hebert (LSBA #25086) who was listed as ineligible. The LSBA number you listed on the judgment that you submitted to the Court is #25412. You also listed your name as “E. Hebert” on the judgment. According to the Court’s database, the bar roll number listed on your judgment belongs to an attorney by the name of Eric T. Hebert. Judge Barial called Eric Hebert, who confirmed that the bar roll number listed on your pleading was his, that he was not Edward Hebert, and there was no Edward Hebert at his firm.

You intentionally practiced law while suspended when you made a court appearance and prepared a judgment for Mr. Prevost. In addition, you intentionally misrepresented your name and Louisiana bar roll number to the Court, in order to conceal the fact you were ineligible to practice law.

According to Mr. Prevost, you never told him you were suspended from the practice of law. Mr. Prevost further confirmed he paid you $500 in cash to represent him in the underlying matter. You intentionally deceived Mr. Prevost and obtained $500 from him under false pretenses. As of this date, you have not refunded any of the funds given to you by Mr. Prevost.

The board agreed with the hearing committee on misconduct but not sanction

The Board adopts the factual findings and legal conclusions of the Committee. However, it does not adopt the Committee’s sanction recommendation. Instead, the Board recommends that Respondent be permanently disbarred under Guidelines 8 and 9. Additionally, the Board recommends that Respondent be assessed with the costs and expenses of this matter and be ordered to provide restitution to Mr. Prevost.

(Mike Frisch)