Bad Influence

The Louisiana Attorney Disciplinary Board recommends disbarment of an attorney admitted in 2007.

Count One

On Monday September 28, 2009 New Orleans law enforcement, responding to a call to investigate suspicious activity, arrived on the scene and observed Respondent exiting a vehicle with a needle sticking out of her forearm and observed blood trickling down her arm. After taking possession of the needle and questioning the Respondent, she acknowledged the presence of additional drug paraphernalia in a bag located under her vehicle seat including additional needles, a lighter, a ‘coppertop’ that had been burned on the bottom, and an elastic band which law enforcement confirmed is associated with heroin use. Respondent possessed with intent to use drug paraphernalia in violation of R.S. 40:1033. After her arrest and arraignment, the Respondent was released on bond and subsequently failed to appear in Court for trial resulting in a bench warrant for her arrest as a fugitive. The District Attorney’s office eventually dismissed the charges when they became stale after not locating the Respondent. Respondent’s conduct is a violation of Rule 8.4(b), the commission of a criminal act particularly one which calls in to question of [sic] lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; and Rule 8.4(a) – violate or attempt to violate the Rules of Professional Conduct.

Count Two

Respondent represented M.S and her husband W.S in connection with their corporate, farming enterprise and business. During the course of her representation, Respondent commenced an intimate sexual relationship with W.S. and introduced him into the drug culture in which Respondent was engaged. Respondent’s actions together with W.S. led to the acrimonious divorce between M.S. and her husband W.S. The Respondent’s conduct is a violation of Rule 1.7 inasmuch as it created a conflict of interest between her and her clients; and Rule 8.4(a) – violate or attempt to violate the Rules of Professional Conduct.

The attorney practiced while suspended, drove on a suspended license and

On or about March 2, 2013 the Respondent and W.S. were arrested in Ascension Parish when they were caught by law enforcement in a bathroom of the Lamar Dixon Center in possession of cocaine, crack cocaine, and a crack pipe. Once again the Respondent was released on bond, but failed to appear for her arraignment and is currently a fugitive from justice with a bench warrant for her arrest. The matter remains open as of this date.

The board on sanction

Considering the above standards, the committee’s recommendation of disbarment for the multiple rule violations here is appropriate. The jurisprudence also supports disbarment under the circumstances presented. While the decisions discussed in the committee’s report suggest that suspension may be the baseline sanction for some of the violations committed by Respondent when considered individually,10 disbarment is the more appropriate sanction when Respondent’s misconduct is considered in totality.

(Mike Frisch)