Defaults With Teeth

A disbarment recommendation from a Louisiana Hearing Committee underscores the point I made last week concerning the inadequate default procedures in the District of Columbia.

After the attorney had been suspended, he was charged with acts of unauthorized practice of law.

In Louisiana, a failure to answer charges is a real default

On November 19, 2018, Respondent filed a motion to recall the deemed admitted order and a request to be heard in mitigation. By order signed November 29, 2018, Respondent’s motion to recall the deemed admitted order was denied for a failure to demonstrate good cause. However, the Committee granted Respondent’s request to be heard in mitigation. The mitigation hearing was held on March 1, 2019. Deputy Disciplinary Counsel Yolanda Cezar appeared on behalf of ODC. Respondent did not appear.

No witnesses were called in the misconduct phase but nonetheless

The ODC met its burden of proving that Respondent violated Rule 5.5(a) in that he practices law while he was ineligible to practice, and 8.4(a) in that he engaged in conduct prejudicial to the administration of justice. Respondent represented himself as a licensed attorney, made appearances in court holding himself out as a practicing attorney, and filed pleadings while his license to practice law was suspended.

Sanction

Respondent failed to appear or present any mitigating evidence on his behalf at the hearing in mitigation that he himself requested in this matter. His absence was strong evidence of his disregard for the profession and the efforts that were being made to uphold the profession by holding the hearing. His failure to participate in the prehearing activities or the hearing itself showed his disregard for his peers, and the public member serving in the hearing committee. Other aggravating factors include his prior disciplinary offenses, multiple offenses, and his experience in the practice of law prior to his initial suspension…

The Hearing Committee recommends that Respondent be disbarred from the practice of law.

If this same matter was brought in D.C. , there would be a full plenary hearing where Disciplinary Counsel would have to prove the charges and two levels of review.  (Mike Frisch)