Disbarment And Caveat Emptor

An extension of the period of disbarment has been imposed by the Louisiana Supreme Court on an already-disbarred attorney based on findings of unauthorized practice

The ODC proved by clear and convincing evidence that respondent engaged in the unauthorized practice of law after his 2014 disbarment. The testimony provided by Lori Martin indicated that respondent continued to maintain an active extension on his law firm’s telephone system after he was disbarred. Moreover, Ms. Martin’s testimony established that respondent’s personal cell phone number was provided as an alternate number for the law firm as late as 2015. Respondent also continued to maintain an office in the suite that houses the law practice he operated with his son.

The committee was concerned by respondent’s contention at the hearing that he was under no obligation to specifically convey to his clients that he is disbarred. Respondent believed it was not his obligation to inform prospective clients of his disability, in essence placing a sort of caveat emptor standard on members of the public. Moreover, respondent indicated that although he will not “broadcast” the fact of his disbarment, if someone asks him directly if he is “ineligible” to practice law he will respond affirmatively but add that he is not guilty of the misconduct of which he was found guilty.

Sanction

Respondent held himself out to be a lawyer after his disbarment and engaged in the unauthorized practice of law. This conduct, combined with that involved in his prior disciplinary matters, indicates that respondent lacks the moral fitness to practice law and is a threat to his clients, the legal profession, and the public. Recognizing that respondent is already disbarred, we will extend the minimum period for readmission pursuant to Supreme Court Rule XIX, § 24(A) for an additional five years from the finality of the instant judgment.

(Mike Frisch)