In re Ray

123 So. 3d 707, 2013 WL 4873994, 2013 La. LEXIS 1901
CourtSupreme Court of Louisiana
DecidedSeptember 13, 2013
DocketNo. 2013-B-1275
StatusPublished
Cited by1 cases

This text of 123 So. 3d 707 (In re Ray) 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.

Bluebook
In re Ray, 123 So. 3d 707, 2013 WL 4873994, 2013 La. LEXIS 1901 (La. 2013).

Opinion

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

| jThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, John D. Ray, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

From September 10, 2010 to June 3, 2011, respondent was declared ineligible to practice law for failure to pay his bar dues and the disciplinary assessment. In fact, since his admission to the Louisiana bar in April 1999, respondent has had a history of ineligibility to practice law for failing to comply with his professional obligations.1 [708]*708During a sworn statement taken by the ODC in September 2011, respondent acknowledged that he engaged in the practice of law during these periods of ineligibility.

^DISCIPLINARY PROCEEDINGS

In November 2011, the ODC filed formal charges against respondent, alleging that his conduct, as set forth above, violated the following provisions of the Rules of Professional Conduct: Rules 1.1(c) (failure to pay bar dues and the disciplinary assessment), 5.5(a) (engaging in the unauthorized practice of law), and 8.4(a) (violation of the Rules of Professional Conduct). Respondent, through counsel, answered the formal charges and admitted to the basic factual allegations, with the exception of the allegation concerning his CLE ineligibility,2 and rule violations. The matter then proceeded to a formal hearing conducted by the hearing committee.

Hearing Committee Report

After considering the testimony and evidence presented at the hearing, the hearing committee made factual findings consistent with the underlying facts set forth above. Based on those facts, the committee determined respondent violated the Rules of Professional Conduct as alleged in the formal charges. The committee also made the following additional factual findings:

1. Respondent received adequate notice of his bar dues and assessments on a yearly basis.
2. Respondent received adequate notice of his MCLE non-compliance relative to year 2002.
3. Prior to the year 2010, respondent never petitioned the LSBA and the Louisiana Attorney Disciplinary Board (“LADB”) for relief.
|34. Respondent did not disclose his various periods of ineligibility to his employer(s).
5. Respondent never self-reported to the LSBA that he had engaged in the practice of law while ineligible.
6. Respondent has cured his ineligibility in every instance by paying his dues and assessments, a late fee, and a reinstatement fee.
7. Respondent failed to obtain the required hours of professionalism and ethics in 2002, which resulted in his being declared MCLE ineligible in 2004.
8. Respondent has consistently in years other than 2002 obtained continuing legal education in excess of the required amount for lawyers admitted in Louisiana, in some years receiving as much as five times the required amount.
9. Respondent has paid all of the monetary sanctions levied in connection [709]*709with his reinstatement following the various periods of ineligibility.

The committee determined that respondent’s failure to pay his bar dues and assessments was either knowing or intentional,3 and that his failure to comply with the MCLE requirements in 2002 was negligent. The committee also determined that respondent knowingly engaged in the practice of law while he was ineligible to do so. His actions created the potential for client harm, although no actual harm has been established. The committee noted respondent’s apparent professionalism and diligence in the actual practice of law and stated that this was “truly a case where an otherwise competent and ethical attorney simply failed, repeatedly, to comply with the Rules governing payment of fees and assessment of dues timely and did not cease to practice during the ensuing periods of ineligibility.” After previewing the ABA’s Standards for Imposing Lawyer Sanctions and the jurisprudence of this court, the committee determined the applicable baseline sanction is a one year and one day suspension.

In aggravation, the committee found a pattern of misconduct, multiple offenses, and substantial experience in the practice of law (admitted 1999). In mitigation, the committee found the absence of a pri- or disciplinary record, absence of a dishonest or selfish motive, personal “financial” problems, full and free disclosure to the disciplinary board and a cooperative attitude toward the proceedings, physical disability,4 “outstanding” character, and remorse. The committee noted that respondent’s candor, cooperation and attitude towards these proceedings was exemplary. According to the committee, respondent maintained a high level of professionalism, which weighed heavily on the committee in arriving at a recommended sanction.

Based on the nature of the violations, the totality of the record, and given aggravating factors balanced with factors in mitigation, the committee recommended respondent be suspended from the practice of law for one year and one day, with all but sixty days deferred, followed by two years of probation with the following conditions:

(1) During the entire time of the probation, respondent shall pay all bar dues and assessments levied by the bar association when due without fail;
(2) During the entire time of the probation, respondent shall comply with all MCLE requirements and shall do so in a timely manner;
(3) Any subsequent disciplinary complaints with alleged offenses arising during the probationary period may be treated by the ODC in a summary fashion as probation violation matters; and
|fi(4) Respondent will pay all costs and expenses of this proceeding.

The ODC filed an objection to the hearing committee’s report and recommendation, arguing that the committee had a sufficient factual basis upon which to de[710]*710termine that respondent intentionally violated Rule 1.1(c) and knowingly violated Rule 5.5(a). The ODC also argued that the committee erred in deferring all but sixty days of the suspension.

Disciplinary Board Recommendation

After review, the disciplinary board determined that the hearing committee’s factual findings do not appear to be manifestly erroneous as they are supported by the testimony and documentary evidence. The board also determined that the committee correctly applied the Rules of Professional Conduct.

The board determined respondent violated duties owed to his clients, the public, and the legal profession. He violated a duty to his clients and to his employer by leading them to believe that he was eligible to represent them. He violated a duty to the public by holding himself out to be a licensed attorney eligible to practice law. He intentionally failed to comply with MCLE requirements, intentionally failed to pay his bar dues and disciplinary assessments, and knowingly engaged in the practice of law while ineligible.

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Bluebook (online)
123 So. 3d 707, 2013 WL 4873994, 2013 La. LEXIS 1901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ray-la-2013.