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03/30/2007 "See News Release 022 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA NO. 07-B-0286 IN RE: CLAUD E. PHELPS, JR.

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, Claud E. Phelps, Jr., an attorney licensed to practice law in Louisiana but currently suspended.

PRIOR DISCIPLINARY HISTORY Before we address the current charges, we find it helpful to review respondent's prior disciplinary history. Respondent was admitted to the practice of law in Louisiana in 1992. His first contact with the disciplinary system occurred in 1999, when he was admonished for neglect, failure to communicate with a client, failure to cooperate with the ODC in its investigation, and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. In 2002, respondent filed a petition for consent discipline, in which he admitted to numerous instances of neglect, failure to expedite litigation, and failure to communicate with clients. We accepted the petition and suspended respondent from the practice of law for a period of one year and one day, but fully deferred the suspension subject to a twenty-four month period of supervised probation. In re: Phelps, 02-1837 (La. 9/30/02), 827 So. 2d 1140. In 2003, we determined respondent violated the conditions of his probation due to his failure to cooperate with his probation monitor. Accordingly, we made the previously deferred one-year-and-one-day suspension executory. In re: Phelps, 03-

2778 (La. 11/14/03), 860 So. 2d 531. Respondent has not sought reinstatement from this suspension. Accordingly, he remains suspended from the practice of law.

UNDERLYING FACTS AND PROCEDURAL HISTORY The ODC filed two sets of formal charges against respondent, consisting of a total of twenty-seven counts of misconduct. The two sets of formal charges were considered by separate hearing committees but considered jointly by the disciplinary board,1 which then filed in this court a single recommendation of discipline encompassing both sets of formal charges.

03-DB-055 Count I

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