Retirement With Conditions
A previously-suspended may retire subject to conditions set out in an order of the Delaware Supreme Court
The Court has considered the matter carefully. In January 2023 we held that Beauregard violated the Delaware Lawyers’ Rules of Professional Conduct and imposed a two-year suspension. Given the differences between an attorney who retires and an attorney who is suspended for more than six months, the timing of Beauregard’s request for a certificate of retirement, and Beauregard’s disciplinary history, we conclude that Beauregard cannot avoid the consequences of our January decision by retiring without conditions as he requests.
Turning to Beauregard’s specific objections to the conditions, contrary to what he contends, there is no condition in ODC’s proposed order prohibiting Beauregard from supervising the books and financial records for a business not engaged in the practice of law. The relevant condition prohibits Beauregard from maintaining financial accounts “for any law firm, association, corporation or any other business entity, whose purpose is in whole or in part, the practice of law,” which is not arbitrary or facially unreasonable in light of Beauregard’s disciplinary history.
As to the existing office space, the proposed conditions require the removal of any signage identifying Beauregard as a member of a law firm, which he says he has already done, and his keeping a log with current, former, or prospective clients who seek his legal services. Beauregard has maintained a law office in this space for more than six years so it seems likely that current, former, or prospective clients could come to or call this address in the future and seek his legal advice. Requiring Beauregard to keep log of such people if he continues to use the office space is not arbitrary or facially unreasonable. Nor does it unreasonably interfere with Beauregard’s use of the office space.
Finally, ODC’s concern that an employer could hire Beauregard without understanding that he may not practice law or perform law-related services is understandable but is sufficiently addressed by requiring Beauregard to provide the 2018 and 2023 Suspension Orders and this Order to employers in the legal profession and to notify ODC of any change in his employment (including the name of his employer and his job responsibilities). Such notification will enable ODC to determine whether further investigation regarding whether Beauregard could be engaging in the unauthorized practice of law is reasonably necessary.
(Mike Frisch)