Preview:

03/07/2008 "See News Release 017 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 07-B-1813 IN RE: EARL T. LINDSAY, JR.

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Earl T. Lindsay, Jr., a disbarred attorney.

UNDERLYING FACTS Respondent was disbarred by this court on December 11, 1989.1 Louisiana State Bar Ass'n v. Lindsay, 553 So. 2d 807 (La. 1989). He has not applied for readmission to the bar since that time. Between April 1991 and May 2005, respondent appeared as defense counsel in forty-five traffic cases pending in the First and Second Parish Courts in Jefferson Parish, Louisiana. Based on its investigation of these matters, the ODC filed formal charges against respondent, alleging that his conduct violated the following provisions of the Rules of Professional Conduct: Rules 5.5(a) (engaging in the unauthorized practice of law), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer),2 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice).

The charges for which respondent was disciplined involved numerous instances of serious misconduct, including commingling and conversion of client funds.
2

1

La. R.S. 37:213 makes it a crime to engage in the unauthorized practice of law.

DISCIPLINARY PROCEEDINGS Respondent answered the formal charges, admitting to the allegations and requesting a hearing in mitigation. Despite adequate notice, respondent failed to appear at the hearing.

Hearing Committee Report After considering the evidence and testimony presented at the hearing, the hearing committee found the ODC presented clear and convincing evidence that respondent violated the Rules of Professional Conduct as alleged in the formal charges. For his intentional misconduct, the committee recommended that respondent be permanently disbarred. Neither respondent nor the ODC filed an objection to the hearing committee's recommendation.

Disciplinary Board Recommendation After review of the record, the disciplinary board found no manifest error in the hearing committee's findings, and agreed that respondent violated the Rules of Professional Conduct as set forth in the formal charges. The board found that respondent intentionally engaged in the practice of law in violation of duties owed to the public, the legal system, and the legal profession. The evidence shows that numerous clients, courts, and attorneys were deceived by respondent stemming from his unauthorized representation of clients over a period of fourteen years. The board found the following aggravating factors present: prior disciplinary offenses, dishonest or selfish motive, a pattern of misconduct, multiple offenses,

2

vulnerability of the victims, substantial experience in the practice of law (admitted 1978), and illegal conduct. No mitigating factors were found by the board. Based on these findings and this court's prior jurisprudence, the board adopted the committee's recommended sanction of permanent disbarment, and further recommended that respondent be assessed with all costs of these proceedings. Neither respondent nor the ODC filed an objection to the disciplinary board's recommendation.

DISCUSSION Bar disciplinary matters fall within the original jurisdiction of this court. La. Const. art. V,

Download 2007-B-1813 IN RE: EARL T. LINDSAY, JR..pdf

Louisiana Law