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

Supreme Court of Louisiana·Decided September 19, 2014·No. No. 2014-OB-1057·Published

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] the 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] the 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

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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156 So. 3d 1142 (In re Appeal of Decision of the Disciplinary Board No. 13-PDB-136) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.