IN RE RICHARD, 00-1418 (La. 8/31/00); 767 So.2d 36

No. 00-B-1418Supreme Court of Louisiana.
August 31, 2000.

IN RE: Disciplinary Counsel; — Other; Findings and Recommendations (Formal Charges) Office Of The Disciplinary Board, No. 99-DB-039;

Disbarment ordered. See per curiam.

PFC

HTL

CDK

BJJ

JPV

CDT

JTK

MARCUS, J., not on panel.

ATTORNEY DISCIPLINARY PROCEEDINGS.

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PER CURIAM[*]

This disciplinary matter arises from two counts of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Ashley A. Richard, an attorney who is currently ineligible to practice law in Louisiana.

UNDERLYING FACTS
Since 1994, respondent has neither paid his Louisiana State Bar Association membership dues nor fulfilled the mandatory continuing legal education requirement. Accordingly, he is ineligible to practice law. Despite this fact, however, respondent has continued to practice law. In 1996 and 1997, respondent filed legal pleadings in several divorce cases, including Breaux v. Breaux, No. 23,476, Sparks v. Sparks, No. 23,473, and Domingue v. Domingue, No. 23,829, all on the docket of the 23rd Judicial District Court for the Parish of Assumption.

In addition to the three domestic matters, respondent also handled a real estate transaction after he became ineligible to practice law. In 1996, respondent performed a title examination of immovable property acquired by Cory Guidry. Respondent failed to detect a prior mortgage

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against the property, causing Mr. Guidry to lose the property in a foreclosure. Respondent subsequently failed to communicate with Mr. Guidry and his new attorney to resolve the matter.

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DISCIPLINARY PROCEEDINGS
In December 1997, Lawrence Bergeron, the Clerk of the 23rd Judicial District Court, filed a complaint with the ODC concerning respondent’s practicing law in that court when he was ineligible to do so. Respondent did not reply to the Bergeron complaint, but in March 1998, he appeared to give a sworn statement in the matter after he was served with a subpoena.[1] In April 1998, Cory Guidry filed a complaint concerning the title examination matter. Respondent did not reply to the Guidry complaint, and he failed to appear to testify before the ODC in response to a subpoena. On May 17, 1999, the ODC filed two counts of formal charges against respondent, alleging his conduct violated Rules 1.4 (failure to communicate with a client), 5.5 (engaging in the unauthorized practice of law), and 8.4(d) (engaging in conduct prejudicial to the administration of justice) of the Rules of Professional Conduct. Respondent failed to answer or otherwise reply to the formal charges, and the factual allegations contained therein were deemed admitted and proven by clear and convincing evidence pursuant to Supreme Court Rule XIX, § 11(E)(3). Accordingly, no formal hearing was held, and the matter was submitted to the hearing committee solely on documentary evidence.

Hearing Committee Recommendation

After reviewing the record, the hearing committee concluded the ODC proved respondent violated the professional rules as charged. The committee found respondent’s conduct was intentional and violated duties owed to his clients, the legal

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system, and the profession. In particular, the committee pointed out that in the Guidry matter, respondent’s client suffered serious injury by the loss of his home.

The committee found several aggravating factors, including dishonest or selfish motive, pattern of misconduct, multiple offenses, and indifference to making restitution. The committee recognized no mitigating circumstances. Considering the ABA’ Standards for Imposing Lawyer Sanctions[2] and the prior jurisprudence dealing with the unauthorized practice of law,[3] the committee recommended respondent be disbarred.

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Neither respondent nor the ODC objected to the hearing committee’s recommendation.

Disciplinary Board Recommendation
The disciplinary board found the ODC proved respondent violated the professional rules as charged, and that respondent’s conduct violated duties owed to his clients, the legal system, and the profession. The board noted that respondent knowingly and intentionally failed to comply with his professional obligations under this court’s rules, but felt that his conduct in the Guidry matter was merely negligent.

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The board pointed out, however, that respondent’s negligence caused his client actual injury. The board also agreed with the hearing committee’s assessment of the aggravating factors and finding of an absence of mitigating factors.

Turning to the issue of an appropriate sanction, the board observed that suspensions have generally been imposed in cases in which attorneys practice law during periods of ineligibility.[4]
Nevertheless, the board suggested that the recommendation of disbarment in the instant case is not overly harsh in light of the aggravating circumstances and considering respondent’s failure to defend the formal charges.

Accordingly, the board recommended that respondent be disbarred from the practice of law. The board further recommended that respondent be assessed with all costs and expenses of these proceedings, with legal interest to commence running thirty days from the date of finality of the court’s judgment until paid.

Neither respondent nor the ODC objected to the disciplinary board’s recommendation.

DISCUSSION
The record reflects that respondent has not paid bar dues or attended continuing legal education for more than five years. When confronted with the complaint alleging that he continued to practice during his ineligibility, respondent took no steps to investigate the matter. Instead, he simply continued to practice law. Under these

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facts, and considering the aggravating and mitigating circumstances, we conclude that the sanction recommended by the disciplinary board is appropriate.

DECREE
Upon review of the findings and recommendation of the disciplinary board, and considering the record, it is ordered that the name of Ashley A. Richard be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.

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