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12/18/2009 "See News Release 080 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 09-B-1607 IN RE: RICHARD FISHER

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Richard Fisher, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS Respondent was declared ineligible to practice law between October 31, 2005 and September 14, 2006 for failure to pay his bar dues and the disciplinary assessment. Nevertheless, on November 29, 2005, respondent accepted $300 to represent Mrs. Dorothy Samuel in a bankruptcy matter.1

DISCIPLINARY PROCEEDINGS In November 2007, the ODC filed one count of formal charges against respondent, alleging that his conduct in the Samuel matter violated Rule 5.5(a) (engaging in the unauthorized practice of law) of the Rules of Professional Conduct. Respondent answered the formal charges and admitted his misconduct. He also requested a hearing in mitigation, which was conducted by the hearing committee in June 2008.

Respondent did not refund the fee Mrs. Samuel paid until June 2006, two months after she filed a complaint with the ODC.

1

Hearing Committee Report Considering respondent's admission that he violated Rule 5.5(a) of the Rules of Professional Conduct, the hearing committee determined that the only task before it was to determine the aggravating and mitigating circumstances. In aggravation, the committee found that respondent has a history of neglecting to pay his bar dues and comply with the mandatory continuing legal education ("MCLE") requirements,2 which it noted was "troubling." The committee also found that respondent has prior disciplinary offenses as follows: 1) a January 1995 admonition for practicing law while ineligible to do so; 2) a January 1995 admonition for failing to cooperate with the ODC in an investigation; 3) a June 1995 admonition for neglecting a bankruptcy matter, failing to communicate with a client, and failing to refund an unearned fee; and 4) a February 2000 admonition for neglecting a divorce matter and failing to communicate with a client. With respect to mitigating factors, the committee found that respondent lacked a dishonest or selfish motive. Rather, the committee found that respondent "had poor business sense and managerial skills" and did not act intentionally or with the intent to cause harm. The committee also found that respondent suffered personal problems as the result of "drastic changes in the bankruptcy law" which took effect in October 2005. Finally, the committee credited respondent's cooperation in the disciplinary

2

Respondent has been declared ineligible to practice law on the following occasions: Failure to pay disciplinary assessment Failure to comply with MCLE requirements Failure to pay bar dues Failure to pay bar dues Failure to pay bar dues and disciplinary assessment Failure to pay bar dues and disciplinary assessment Failure to pay bar dues and disciplinary assessment Failure to pay bar dues and disciplinary assessment Failure to comply with MCLE requirements Failure to pay bar dues and disciplinary assessment Failure to file a trust account disclosure statement 2

January 1, 1992

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Louisiana Law