In Re Ryland

985 So. 2d 71, 2008 WL 2651169
CourtSupreme Court of Louisiana
DecidedJune 6, 2008
Docket2008-B-0273
StatusPublished
Cited by5 cases

This text of 985 So. 2d 71 (In Re Ryland) 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 Ryland, 985 So. 2d 71, 2008 WL 2651169 (La. 2008).

Opinion

985 So.2d 71 (2008)

In re Darrel D. RYLAND.

No. 2008-B-0273.

Supreme Court of Louisiana.

June 6, 2008.

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Darrel D. Ryland, an attorney licensed to practice law in Louisiana.

*72 UNDERLYING FACTS

In October 2004, Anita Gremillion retained respondent to handle her divorce and ancillary matters. In May 2005, while the representation was ongoing, respondent and Ms. Gremillion began to develop a mutual attraction towards one another. On June 13, 2005, the trial judge signed a judgment of divorce pursuant to Article 102 of the Louisiana Civil Code. The judge also signed a consent judgment as to child custody and support, leaving only the partition of the community property to be determined. The following day, respondent and Ms. Gremillion entered into a consensual sexual relationship. The affair ended several months later, at which time respondent withdrew from representing Ms. Gremillion in the domestic matter.

DISCIPLINARY PROCEEDINGS

In April 2006, respondent self-reported his misconduct to the ODC. Approximately two weeks later, Ms. Gremillion filed a complaint against respondent with the ODC based upon the same allegations. On January 3, 2007, the ODC filed one count of formal charges against respondent, alleging that his conduct as set forth above violated the following provisions of the Rules of Professional Conduct: Rules 1.7(a)(2) (conflict of interest) and 8.4(a) (violation of the Rules of Professional Conduct).

In his answer to the formal charges, respondent admitted that he entered into a consensual sexual relationship with a client. Respondent further admitted this conduct violated the Rules of Professional Conduct.

Hearing Committee Report

This matter proceeded to a hearing in mitigation, at which respondent and Ms. Gremillion testified. Thereafter, the hearing committee filed its report with the disciplinary board. In its report, the committee emphasized that notwithstanding some dispute as to largely irrelevant facts — for example, which party initiated the intimate relationship — the relationship between respondent and Ms. Gremillion was at all times clearly consensual and the result of mutual attraction between the parties. The committee further found that respondent did not fully advise Ms. Gremillion of the potential for conflict arising out of their relationship, as he failed to inform her that child custody, visitation, and parental fitness could be reviewed at any time in her case, and that an intimate sexual relationship between them could potentially prompt her ex-husband to challenge her parental fitness or seek a change in custody or visitation. Accordingly, the committee found that respondent violated Rule 1.7 of the Rules of Professional Conduct, as well as Rule 8.4(a).

The committee found that respondent violated a duty owed to his client. He acted knowingly in entering into the intimate relationship. Respondent conceded that his misconduct presented a risk of potential harm to Ms. Gremillion, but the committee agreed there was no clear and convincing evidence of any actual harm. The committee determined that under the ABA's Standards for Imposing Lawyer Sanctions, the baseline sanction for respondent's misconduct is a suspension from the practice of law.

The committee found that the following aggravating factors are present: substantial experience in the practice of law (admitted 1974) and vulnerability of the victim. In mitigation, the committee recognized the absence of a prior disciplinary record, full and free disclosure to the disciplinary board and a cooperative attitude toward the proceedings, good character and reputation, and remorse.

*73 Considering all these circumstances, and relying on the prior jurisprudence of this court, the committee recommended that respondent be suspended from the practice of law for three months, fully deferred, subject to a two-year period of supervised probation with conditions, including attendance at Ethics School.

Neither respondent nor the ODC filed an objection to the hearing committee's recommendation.

Disciplinary Board Recommendation

After reviewing the record of this matter, the disciplinary board found the hearing committee's factual findings are not manifestly erroneous and adopted same. The board determined that respondent violated the Rules of Professional Conduct as charged in the formal charges. The baseline sanction for this misconduct is suspension.

The board found that respondent knowingly violated duties owed to his client by entering into a sexual relationship with her, which constitutes a prohibited conflict of interest. While there was potential for great harm to Ms. Gremillion in terms of custody, parental fitness, visitation, and community property, there is no evidence in the record that she suffered any actual harm due to her relationship with respondent.

The board determined that the record supports the aggravating factors of substantial experience in the practice of law and vulnerability of the victim. The record supports the following mitigating factors: absence of a prior disciplinary record, full and free disclosure to the disciplinary board and a cooperative attitude toward the proceedings, good character and reputation, and remorse.

Turning to the issue of an appropriate sanction, the board agreed that a fully deferred ninety-day suspension is warranted in this case, particularly because respondent has practiced without difficulty for over thirty years. Accordingly, the board recommended that respondent be suspended from the practice of law for ninety days, fully deferred, subject to the condition that he obtain a total of eight additional hours of continuing legal education, four each in the areas of ethics and professionalism.[1] The board also recommended that respondent be assessed with all costs of these proceedings.

Neither respondent nor the ODC filed an objection to the disciplinary board's recommendation.

DISCUSSION

Bar disciplinary matters fall within the original jurisdiction of this court. La. Const. art. V, § 5(B). Consequently, we act as triers of fact and conduct an independent review of the record to determine whether the alleged misconduct has been proven by clear and convincing evidence. In re: Quaid, 94-1316 (La.11/30/94), 646 So.2d 343, 348; Louisiana State Bar Ass'n v. Boutall, 597 So.2d 444 (La. 1992). While we are not bound in any way by the findings and recommendations of the hearing committee and disciplinary board, we have held the manifest error standard is applicable to the committee's factual findings. See In re: Caulfield, 96-1401 (La.11/25/96), 683 So.2d 714; In re: Pardue, 93-2865 (La.3/11/94), 633 So.2d 150.

The factual findings of the hearing committee are supported by the record. Respondent violated Rules 1.7 and 8.4(a) of the Rules of Professional Conduct by engaging in a consensual sexual relationship with a client whom he was representing in *74 a divorce matter. This conduct had the potential to cause harm to respondent's client, but as the committee and board found, little or no actual harm resulted in this case.

Having found professional misconduct, we now turn to a discussion of an appropriate sanction.

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Cite This Page — Counsel Stack

Bluebook (online)
985 So. 2d 71, 2008 WL 2651169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ryland-la-2008.