In re Callahan

Summary

The Louisiana Supreme Court considered additional disciplinary charges against Michael D. Callahan, who had previously been disbarred. The court adjudged additional violations warranting disbarment for misconduct in the Rachal matter and a misdemeanor theft conviction, but added those violations to his record rather than imposing a second disbarment. For unauthorized practice of law in the Hardison matter, the court imposed a two-year suspension with three months deferred, effective upon eligibility for readmission.

Holdings

1. The charges against Callahan were proven by clear and convincing evidence.
2. Callahan's misconduct in the Rachal matter and the misconduct resulting in his misdemeanor theft conviction warranted disbarment-level discipline, but did not warrant a second disbarment because the conduct occurred during the same general time period as the misconduct underlying his prior disbarment. The violations were instead to be added to his disciplinary record for consideration upon any application for readmission.
3. Unauthorized practice of law by Callahan after his interim suspension warranted a two-year suspension from practice, with three months deferred, commencing when he became eligible to seek readmission from his prior disbarment.

Questions Presented

1. Whether the formal charges against Callahan were proven by clear and convincing evidence.
2. What sanction was appropriate for the misconduct in the Rachal matter and the misconduct underlying Callahan's misdemeanor theft conviction.
3. What sanction was appropriate for Callahan's unauthorized practice of law after his interim suspension in the Hardison matter.

Disposition

other