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02/04/05 "See News Release 008 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 04-B-1571 IN RE: JAY J. SZUBA

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM
This disciplinary matter arises from two sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Jay J. Szuba, an attorney licensed to practice law in Louisiana, but currently ineligible to practice.

PRIOR DISCIPLINARY HISTORY Before we address the current charges, we find it helpful to review respondent's prior disciplinary and ineligibility history. Respondent was admitted to the practice of law in Louisiana in 1983. On August 5, 1996, respondent was admonished by the disciplinary board for failing to act with reasonable diligence and promptness, failing to communicate with a client, and failing to comply with a discovery request by an opposing party. On February 11, 1998, respondent was admonished a second time for failing to communicate with a client and failing to cooperate with the ODC in its investigation. In 2001, we addressed a disciplinary proceeding against respondent for conduct that occurred between 1988 and 2000. The eleven counts of formal charges alleged that respondent failed to act with reasonable diligence and promptness, failed to communicate with clients, and failed to return client property at the termination of the representation. After a review of the record, we suspended respondent from the

practice of law for two years. In re: Szuba, 01-1877 (La. 10/5/01), 797 So. 2d 41 (hereinafter referred to as "Szuba I"). In addition to prior discipline, we note respondent has been declared ineligible to practice law on several occasions for failing to comply with his professional obligations, as follows: 9/4/98 to 2/4/99 for failure to pay bar dues and the disciplinary assessment; 9/3/99 to 7/17/00 for failure to pay bar dues and the disciplinary assessment; 9/4/01 to present for failure to pay bar dues and the disciplinary assessment; and 8/3/02 to present for failure to comply with the mandatory continuing legal education requirement.

UNDERLYING FACTS AND PROCEDURAL HISTORY The ODC filed two sets of formal charges against respondent. The first set, bearing the disciplinary board's docket number 01-DB-096, was filed on September 17, 2001 and encompasses two counts of misconduct. The second set, bearing the disciplinary board's docket number 02-DB-106, was filed on October 16, 2002 and encompasses one count of misconduct. The two sets of formal charges were considered by separate hearing committees, then consolidated by the disciplinary board. On June 23, 2004, the disciplinary board filed in this court a single recommendation of discipline encompassing both sets of formal charges.

01-DB-096 Count I

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Louisiana Law