In re Appeal of Decision of the Disciplinary Board

Supreme Court of Louisiana

In re Appeal of Decision of the Disciplinary Board

208 So. 3d 370

Supreme Court of Louisiana·Decided January 9, 2017·No. NO. 16-PDB-049; NO. 2016-OB-1933·Published·Cited by 1 cases

Opinion

ORDER

| jBased on our review of the record, we find the disciplinary board was arbitrary and capricious in dismissing the complaint. This court’s opinion in In re: Bilbe, 02-1740 (La. 2/7/03), 841 So.2d 729, is limited to the unique facts presented and does not stand for the blanket proposition that an attorney’s failure to pay litigation-related expenses can never constitute conduct prejudicial to the administration of justice. Accordingly, pursuant to Supreme Court Rule XIX, § 11(B), this matter is remanded to the Office of Disciplinary Counsel to conduct further investigation and to institute formal charges, if appropriate.

FOR THE COURT:

/s/ John L. Weimer

JUSTICE, SUPREME COURT OF LOUISIANA

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ORDER

| jBased on our review of the record, we find the disciplinary board was arbitrary and capricious in dismissing the complaint. This court’s opinion in In re: Bilbe, 02-1740 (La. 2/7/03), 841 So.2d 729, is limited to the unique facts presented and does not stand for the blanket proposition that an attorney’s failure to pay litigation-related expenses can never constitute conduct prejudicial to the administration of justice. Accordingly, pursuant to Supreme Court Rule XIX, § 11(B), this matter is remanded to the Office of Disciplinary Counsel to conduct further investigation and to institute formal charges, if appropriate.

FOR THE COURT:

/s/ John L. Weimer

JUSTICE, SUPREME COURT OF LOUISIANA

In re Appeal of Decision of the Disciplinary Board, 208 So. 3d 370 (La. 2017).

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Opinion

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