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SUPREME COURT OF LOUISIANA NO. 97-B-0964 IN RE: RANDY D. ELKINS DISCIPLINARY PROCEEDINGS

PER CURIAM* This disciplinary proceeding arises from one count of formal charges filed against respondent, Randy D. Elkins, by the Office of Disciplinary Counsel ("ODC"), alleging that he engaged in the unauthorized practice of law in violation of Rule 5.5 of the Rules of Professional Conduct when he initiated plea negotiations with the district attorney's office, while he was under suspension and acting as a paralegal, knowing such negotiations were

traditionally performed by licensed attorneys. A review of the underlying facts indicates that on

September 23, 1994, this court suspended respondent for thirty months from the practice of law for convictions on three counts of willfully and knowingly making false statements to a bank for the purposes of influencing a loan decision. The suspension was made

retroactive to September 21, 1992, the date of respondent's interim suspension. In Re Elkins, 94-2070 (La. 9/23/94), 644 So. 2d 189.

After his suspension, respondent, who had previously practiced criminal law, was hired as a paralegal by Jack On or

Montgomery, an attorney whose practice involved banking law.

about August 26, 1994, respondent contacted the Webster Parish District Attorney's Office regarding a pending criminal matter, State v. Randy McEachern, involving third offense DWI and expired inspection sticker charges. He spoke with Assistant District On or about December 16, concerning another

Attorney Louis Minifield about the case. 1994, respondent again contacted

Minifield

criminal case, State v. Stephen Harris, which dealt with possession of marijuana, simple obstruction of a highway, and driving without a license.
*

Although the testimony is conflicting regarding the
Rule IV, Part 2,

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