Louisiana State Bar Ass'n v. Krasnoff

502 So. 2d 1018, 1987 La. LEXIS 8658
CourtSupreme Court of Louisiana
DecidedFebruary 23, 1987
Docket85-B-1668
StatusPublished
Cited by22 cases

This text of 502 So. 2d 1018 (Louisiana State Bar Ass'n v. Krasnoff) 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
Louisiana State Bar Ass'n v. Krasnoff, 502 So. 2d 1018, 1987 La. LEXIS 8658 (La. 1987).

Opinion

502 So.2d 1018 (1987)

LOUISIANA STATE BAR ASSOCIATION
v.
Sanford KRASNOFF.

No. 85-B-1668.

Supreme Court of Louisiana.

February 23, 1987.

*1019 Thomas O. Collins, Jr., G. Fred Ours, New Orleans, Gerard F. Thomas, Jr., Natchitoches, Roland J. Achee, Shreveport, Robert J. Boudreau, Lake Charles, Robert M. Contois, New Orleans, Frank J. Gremillion, Baton Rouge, Carrick R. Inabnett, Monroe, Harvey Lewis, New Orleans, Alfred S. Landry, New Iberia, Philippi P. St. Pe, Metairie, for applicant.

Sanford Krasnoff, New Orleans, for respondent.

COLE, Justice.

Sanford Krasnoff, respondent, was disbarred in a prior proceeding for violations of Disciplinary Rules 1-102, 6-101(A)(3) and 9-102. Louisiana State Bar Association v. Krasnoff, 488 So.2d 1002 (La.1986).

The Louisiana State Bar Association, through its Committee on Professional Responsibility, instituted this disciplinary proceeding against Krasnoff, a member of the Bar practicing in New Orleans, by Petition for Disciplinary Action filed August 22, 1985. The pleadings specified violations of Disciplinary Rules 9-102 and 1-102(A) of the Code of Professional Responsibility of the Louisiana State Bar Association.[1] This disciplinary proceeding concerns additional acts of misconduct occurring while the respondent was still a member of the Louisiana Bar. The proceeding presents an unusual problem in that the respondent is currently disbarred. We are faced not only with adjudication of the merits of this disciplinary action, but also must consider the posture of our jurisdiction over the respondent and the appropriate disciplinary penalty.

*1020 JURISDICTION

The final authority to regulate the practice of law has been vested in the Court by our Constitution. This authority stems from the grant of exclusive original jurisdiction in disciplinary actions instituted against members of the bar. La. Const. art. V, § 5(B). See also, Saucier v. Hayes Dairy Products, Inc., 373 So.2d 102 (La. 1979). Our jurisdiction over disciplinary proceedings has been construed not as a limitation upon our inherent power, but rather as a grant to us of plenary power in disciplinary proceedings. Singer Hutner Levine Seeman & Stuart v. La. State Bar Ass'n, 378 So.2d 423 (La.1979). Under this authority, we have promulgated and adopted as rules of this court the Articles of Incorporation of the Louisiana State Bar Association, in which Articles is now included in the Code of Professional Responsibility. The Code of Professional Responsibility regulates attorneys' practices and has been recognized as having the force and effect of substantive law. In the exercise of this authority it is our duty to adjudicate individual cases of attorney misconduct as they arise. Of particular concern are those cases involving accusation of misuse or commingling of a client's funds. Such abuses represent the gravest form of professional misconduct and strike at the heart of the public's confidence in the legal profession. La. State Bar Ass'n v. Zeringer, 447 So.2d 466 (La.1984). Additionally, our authority covers not only disciplinary proceedings, but extends to proceedings by a disbarred attorney for reinstatement. Article XV, § 12, Articles of Incorporation of the La. State Bar Association.

In this case, we consider whether it is appropriate for this court to address charges of attorney misconduct, instituted while the lawyer was a member of the bar, but presented to us after his disbarment has been ordered in a separate proceeding. It is evident additional complaints of attorney misconduct surface frequently after initial charges are made public. No specific authority has been enacted encompassing the procedure for post-disbarment disciplinary actions. It is necessary to look at the underlying purpose of such actions in determining jurisdiction applicability.

As this court has stated in the past, the purpose of lawyer discipline is not so much to punish the errant attorney as it is to maintain appropriate standards of professional conduct necessary to protect the public and the administration of justice. Zeringer, supra. Naturally, where the complaint alleges misuse of client funds, it is the duty of the court to hear all such matters as they arise. This is necessary for the proper administration of justice and to insure public confidence in the legal profession's ability to regulate and discipline its members. Accordingly, we find our exclusive jurisdiction in disciplinary matters allows us to hear and act upon all complaints of misconduct alleged to have occurred while an attorney was a member of the bar and regardless of whether or not the attorney has already been disbarred. This finding is consistent with the explicit mandates and the obvious intent of the disciplinary scheme included in the Articles of Incorporation of the Bar Association. The Court's jurisdiction over a disbarred attorney is continuing as evidenced by our decisional authority to readmit or not to readmit a disbarred attorney to the practice of law. Here, the misconduct occurred prior to the finality of the decision ordering respondent's disbarment. Respondent was a member of the Bar at the time the misconduct occurred and clearly the Court's jurisdiction attaches to such misconduct.

We believe it is proper for the Committee on Professional Responsibility to go forward with disciplinary proceedings regardless of the stage of development, when the misconduct occurred prior to the finality of a disbarment order. It would not be appropriate for such matters to be held in abeyance and referred to any readmission application the disbarred attorney might file. Delay in such matters would prejudice the availability of witnesses, restrict or defeat appropriate restitution, and impede fairness to the involved respondent and the complainant. In addition, delay would be *1021 inconsistent with or contrary to the duties of the Committee on Professional Responsibility set forth in mandatory language and contained in Article XV of the Articles of Incorporation of the Bar Association. It is provided the Committee shall receive and investigate all complaints of alleged unprofessional conduct; the Committee, after its investigation, shall act to dismiss, reprimand, or institute suit in the Supreme Court for disbarment or suspension; the Committee shall not defer disciplinary proceedings on the ground respondent is a party to civil litigation involving misconduct; and, the Committee shall consider conduct arising both before and after the date of disbarment. Article XV, Sections 3, 4, 6, 7(b), and 12(c). Finally, a failure by the Committee on Professional Responsibility to go forward with disciplinary proceedings regardless of the state of development, or a failure by this Court to exercise its jurisdiction and act on such matters, would inevitably damage the integrity of the legal profession and lead to a loss of respect in the minds of our citizens. Judicial economy and use of the Committee's time and resources are policy considerations which must be subordinated to the need for prompt response to complaints of professional misconduct.

FACTS

These facts appear to be uncontroverted. In July of 1979, Thomas Earl Bellanger retained Sanford Krasnoff, in his capacity as an attorney, to pursue a claim for personal injuries arising out of an automobile accident which occurred on September 17, 1978.

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Bluebook (online)
502 So. 2d 1018, 1987 La. LEXIS 8658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-krasnoff-la-1987.