In re Bailey

848 So. 2d 530 (La. 2003) · Supreme Court of Louisiana · June 6, 2003

Summary

The Louisiana Supreme Court reviewed disciplinary charges against attorney Gary W. Bailey arising from two matters. The court found that Bailey knowingly misrepresented a scheduling conflict to obtain a continuance and knowingly offered an altered medical report into evidence. The court suspended him from practicing law in Louisiana for two years and assessed costs.

Holdings

  1. The misconduct was proven by clear and convincing evidence, and the hearing committee's factual findings were supported by the record.
  2. Bailey violated the Louisiana Rules of Professional Conduct by knowingly misrepresenting a material fact to a court, engaging in dishonesty or misrepresentation, prejudicing the administration of justice, offering altered evidence, and falsifying or unlawfully altering evidence.
  3. The seriousness and multiplicity of Bailey's misconduct warranted suspension from the practice of law for two years.

Questions Presented

  1. Whether Bailey violated the Louisiana Rules of Professional Conduct by knowingly misrepresenting a scheduling conflict to a tribunal and failing to appear after the continuance was denied.
  2. Whether Bailey violated the Louisiana Rules of Professional Conduct by attempting to introduce an altered medical report into evidence.
  3. Whether the proven misconduct warranted a two-year suspension from the practice of law.

Disposition

other

Cases Cited (6)

  • In re: Quaid, 94-1316 (La. 11/30/94), 646 So. 2d 343(followed)
  • Louisiana State Bar Ass’n v. Boutall, 597 So. 2d 444 (La. 1992)(followed)
  • In re: Caulfield, 96-1401 (La. 11/25/96), 683 So. 2d 714(followed)
  • In re: Pardue, 93-2865 (La. 3/11/94), 633 So. 2d 150(followed)
  • Louisiana State Bar Ass’n v. Reis, 513 So. 2d 1173 (La. 1987)(followed)
  • Louisiana State Bar Ass’n v. Whittington, 459 So. 2d 520 (La. 1984)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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