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SUPREME COURT OF LOUISIANA NO. 99-B-2951

IN RE: LEILA SELDEN WITHERS

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This disciplinary matter arises from a petition for consent discipline jointly filed by respondent, Leila Selden Withers, and the Office of Disciplinary Counsel ("ODC") prior to the institution of formal charges.

UNDERLYING FACTS In June 1998, respondent represented a client in a family court matter while she was ineligible to practice law. Respondent's ineligibility arose from her failure to complete the required number of mandatory continuing legal education hours. Respondent admits her actions violated Rule 5.5(a) (unauthorized practice of law) of the Rules of Professional Conduct In September 1998, while representing a client in a criminal matter, respondent became involved in a "highly improper relationship" with her client,1 thereby creating a conflict of interest that prevented respondent from exercising her independent professional judgment. Respondent admits her actions violated Rules 1.7 (conflict of interest) and 2.1 (failure to exercise independent professional judgment in representing a client) of the Rules of Professional Conduct. During the course of its investigation of these matters, the ODC requested that respondent make herself available for a sworn statement. On three occasions, dates were set for respondent to appear. On the first occasion, respondent appeared forty-five minutes late, then refused to answer some of the ODC's questions. On the second occasion, respondent again appeared fortyfive minutes late. On the third occasion, respondent refused to appear. Respondent admits her

*

Traylor, J., not on panel. Rule IV, Part II,

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