The Louisiana Attorney Disciplinary Board e-Newsletter.
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July 2020
NOTA BENE, Latin for "note well." Each month N.B. will feature ethics, professionalism and board developments.

2020-2021 Annual Requirements

LSBA membership dues and registration statements, along with LADB assessments and trust account registration forms, are due on August 1, 2020.

Every attorney licensed to practice law in Louisiana is required to disclose the existence of a trust or escrow account or declare that because of the nature of the attorney’s practice, maintaining such an account is not required.

For those who have not yet completed the requirements:

  • File your Trust Account Registration Form at LADB's website ladb.org/trustaccount».
  • Manage your Louisiana State Bar Association (LSBA) account and pay your LSBA Membership Dues and LADB Assessment at LSBA's website lsba.org».

Recent Rules and Decisions

IN RE FRANCIS C. BROUSSARD (Berryville, AR), 2020-B-0336 (6/22/20): The respondent was previously disbarred. The Court extended the period in which the respondent could seek readmission from the disbarment by one year and one day for neglecting a legal matter and converting funds owed to the client.

IN RE KEMIC ALAN SMOTHERS (New Orleans), 2020-B-0244 (6/22/20): The Court suspended the respondent for six months, with all but thirty days deferred, for practicing law while ineligible to do so. The factual allegations in the formal charges were deemed admitted pursuant to Louisiana Supreme Court Rule XIX, §11(E)(3).

Consent Discipline:

IN RE JERRY L. SETTLE (New Orleans), 2020-B-0531 (6/22/20): The respondent was previously suspended. The respondent acknowledged that he violated Rule 1.15(a) of the Rules of Professional Conduct.  The Court found him guilty of additional violations which warrant discipline which may be considered when and if he applies for reinstatement.

IN RE MARCUS SPAGNOLETTI (Houston, TX), 2020-B-0605 (7/2/20): The respondent is admitted to the practice of law in Texas, but not in Louisiana. The Court enjoined the respondent from seeking pro hac vice admission to the practice of law in Louisiana for three years for neglecting client matters and failing to communicate with those clients.

IN RE FRANCIS SPAGNOLETTI (Houston, TX), 2020-B-0712 (7/2/20): The respondent is admitted to the practice of law in Texas, but not in Louisiana. The Court enjoined the respondent from seeking pro hac vice admission to the practice of law in Louisiana for three years for neglecting his clients’ legal matters, failing to communicate with his clients, failing to promptly disburse client funds, and failing to supervise a non-lawyer assistant.

IN RE CHARLES L. DIRKS III (Baton Rouge), 2020-B-0604 (7/2/20): The Court suspended the respondent for eighteen months for violating Rules 1.4 and 8.4(c).

IN RE SUSAN HEARD CRAWFORD (Baton Rouge), 2020-B-0691 (7/2/20): The Court suspended the respondent for one year and one day based upon her arrest for DWI, reckless operation of a motor vehicle, open container, and resisting a law enforcement officer.

IN RE RONALD DAVID HARVEY (Springhill), 2020-B-0536 (6/22/20): The Court suspended the respondent for six months for neglecting a legal matter, failing to communicate with a client, and failing to promptly refund an unearned fee.

IN RE STEPHEN MICHAEL SMITH (New Orleans), 2020-B-0578 (7/2/20): The Court suspended the respondent for one year, with all but ninety days deferred, for violating Rules 1.15(a), 1.15(b), 1.15(d), 1.15(f), 5.4(a), 5.5(a), and 8.4(a).

IN RE ALEX WASHINGTON, JR. (Shreveport), 2020-B-0577 (7/2/20): The Court suspended the respondent for one year and one day, fully deferred, for mishandling his client trust account and failing to supervise a non-lawyer employee.

IN RE SHANTE’ Y. WELLS (Shreveport), 2020-B-0603 (7/2/20): The Court suspended the respondent for one year and one day, fully deferred, for mishandling his trust account and failing to supervise a non-lawyer employee.

IN RE MARY LEE HOLMES (Petal, MS), 2020-B-0606 (7/2/20): The respondent is admitted to the practice of law in Mississippi, but not in Louisiana. The Court publicly reprimanded the respondent for appearing on behalf of a client in a Louisiana court without first obtaining pro hac vice admission.

IN RE JOE’L MURPHY FREEMAN (Baton Rouge), 2020-B-0482 (7/2/20): The Court publicly reprimanded the respondent based upon her arrest for possession of marijuana.

IN RE JOHN HOYCHICK, JR. (Rayville), 2020-B-0532 (6/22/20): The Court publicly reprimanded the respondent for negligently commingling funds in his client trust account.

Permanent Resignation in Lieu of Discipline:

IN RE JAMES A. DUKES (Springfield), 2020-OB-0597 (7/2/20).

Rehearing:

IN RE DARRELL K. HICKMAN (Alexandria), 2020-B-00292 (7/2/20): Rehearing denied.

 



Louisiana Attorney Disciplinary Board
2800 Veterans Memorial Boulevard Suite 310, Metairie, LA 70002

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