In re Appeal of Decision of the Disciplinary Board No. 13-PDB-136

Supreme Court of Louisiana

In re Appeal of Decision of the Disciplinary Board No. 13-PDB-136

156 So. 3d 1142, 2014 La. LEXIS 1952, 2014 WL 4799031

CourtSupreme Court of Louisiana

DecidedSeptember 19, 2014

DocketNo. 2014-OB-1057

StatusPublished

This text of 156 So. 3d 1142 (In re Appeal of Decision of the Disciplinary Board No. 13-PDB-136) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Appeal of Decision of the Disciplinary Board No. 13-PDB-136, 156 So. 3d 1142, 2014 La. LEXIS 1952, 2014 WL 4799031 (La. 2014).

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Opinion

ORDER

On the showing made, we are unable to determine whether the disciplinary board acted arbitrarily, capriciously, or unreasonably in dismissing the complaint. Supreme Court Rule XIX, § 30(C). However, given the allegations made by the complainant, we believe the disciplinary board erred in not directing that the matter be investigated further pursuant to Supreme Court Rule XIX, § 30(A), particularly as relates to respondent’s obligations under Rules 1.5(a) and 1.15(d) of [1143]*1143the Rules of Professional Conduct. Accordingly, this matter is remanded to the Office of Disciplinary Counsel to conduct further investigation pursuant to Supreme Court Rule XIX, § 11(B). In its investigation, the Office of Disciplinary Counsel should review the printout of complainant’s commissary account, as well as any other relevant evidence, before making a determination on the merits of the complaint.

FOR THE COURT:

/s/

Justice, Supreme Court of Louisiana

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ORDER

On the showing made, we are unable to determine whether the disciplinary board acted arbitrarily, capriciously, or unreasonably in dismissing the complaint. Supreme Court Rule XIX, § 30(C). However, given the allegations made by the complainant, we believe the disciplinary board erred in not directing that the matter be investigated further pursuant to Supreme Court Rule XIX, § 30(A), particularly as relates to respondent’s obligations under Rules 1.5(a) and 1.15(d) of [1143]*1143the Rules of Professional Conduct. Accordingly, this matter is remanded to the Office of Disciplinary Counsel to conduct further investigation pursuant to Supreme Court Rule XIX, § 11(B). In its investigation, the Office of Disciplinary Counsel should review the printout of complainant’s commissary account, as well as any other relevant evidence, before making a determination on the merits of the complaint.

FOR THE COURT:

/s/

Justice, Supreme Court of Louisiana

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Bluebook (online)

156 So. 3d 1142, 2014 La. LEXIS 1952, 2014 WL 4799031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-decision-of-the-disciplinary-board-no-13-pdb-136-la-2014.