Inexperience Mitigates Sanction

A fully-stayed sanction has been imposed by the Louisiana Supreme Court in a matter that began with a trust account overdraft notice

Turning to the issue of an appropriate sanction, we find that a fully deferred suspension is appropriate discipline in this matter. Respondent’s misconduct occurred at a time when she was a solo practitioner and was relatively new to the practice of law, having been admitted to the bar for less than three years. She appears to have been overwhelmed and in need of the guidance and education provided by the LSBA’s Practice Assistance and Improvement Programs. Under these circumstances, we will adopt the board’s recommendation and suspend respondent from the practice of law for one year and one day, fully deferred, subject to two years of supervised probation with the conditions that she attend the LSBA’s Trust Accounting School and Ethics School.

Crichton, J., dissents and assigns reasons.

I would impose a period of actual suspension in this case. In my view, it is significant that the Disciplinary Board found that respondent specifically failed to cooperate with the disciplinary proceedings in this matter. Further, respondent repeatedly invokes the conduct of an “independent contractor” as an excuse for her actions, but this should not insulate her from professional responsibility as she seems to suggest it should. Finally, though respondent does not appear to have caused actual harm to her clients, I agree with the Disciplinary Board that she caused harm to the attorney disciplinary system through her deliberate recalcitrant attitude towards these proceedings. For these reasons, I dissent from the fully deferred suspension and would require respondent to serve a period of actual suspension in this case.

Justice Genovese agreed. (Mike Frisch)