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March 2021
NOTA BENE, Latin for "note well." Each month N.B. will feature ethics, professionalism and board developments.

ELLI: Key Concepts

Failure to Supervise (Part 1)


A lawyer has an ethical obligation to ensure the actions of staff members are consistent with the lawyer’s ethical obligations.  This video discusses Louisiana Rules of Professional Conduct 5.1 and 5.3 and cases involving violations of those Rules related to a lawyer’s failure to supervise non-lawyer staff members.

 

 


Recent Rules and Decisions

IN RE HILLIARD CHARLES FAZANDE III (New Orleans), 020-B-01415 (3/10/21): The Court permanently disbarred the respondent for neglecting legal matters, failing to communicate with a client, failing to refund an unearned fee, practicing law while ineligible to do so, and failing to cooperate with ODC in its investigation. The factual allegations in the formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

IN RE CLARENCE T. NALLS (Baton Rouge), 2020-B-01126 (3/24/21): The respondent, who was previously disbarred, engaged in unauthorized practice of law during his disbarment. For this misconduct, the Court extended the minimum period in which the respondent may seek readmission by five years.

IN RE STACY MICHELE YOUNG (Jacksonville, FL), 2020-B-01176 (3/9/21): The Court disbarred the respondent for converting approximately $10,000 in funds belonging to her former law firm and/or its clients.

IN RE MARGOT A. TILLMAN-FLEET (Baton Rouge), 2020-B-01040 (3/2/21): The Court disbarred the respondent for receiving approximately $53,000 in federal grant funds through fraudulent means.

IN RE MARK G. SIMMONS (Baton Rouge), 2020-B-1139 (3/24/21): The Court suspended the respondent for three years, retroactive to the date of his prior suspension, for practicing law during a period of suspension.

IN RE KEMIC ALAN SMOTHERS (New Orleans), 2020-B-01412 (3/16/21): The Court suspended the respondent for one year and one day for practicing law while ineligible to do so. The factual allegations in the formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

Consent Discipline:

IN RE MORRIS W. REED (Kenner), 2021-B-00036 (3/2/21): The Court suspended the respondent for six months, fully deferred, for mishandling his client trust account.

Permanent Retirement in Lieu of Discipline:

IN RE STEPHEN A. JEFFERSON (Monroe), 2021-OB-00204 (3/23/21).

IN RE CRAIG T. BROUSSARD (Lafayette), 2020-OB-00228 (3/23/21).

Reinstatement/Readmission Matters:

IN RE MICHAEL WAYNE KELLY (Shreveport), 2020-OB-01436 (3/2/21): Reinstatement granted.

 

 



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