Summary
The Louisiana Supreme Court considered disciplinary charges against attorney John Blake Deshotels involving neglect of legal matters, failure to communicate, mishandling or conversion of client funds, failure to return files or unearned fees, disobedience of court orders, and noncooperation with disciplinary authorities. The court found numerous aggravating factors and no mitigating factors. It ordered that Deshotels be permanently disbarred, make restitution, and repay amounts paid from the Louisiana State Bar Association Client Assistance Fund.
Topics
Practice areas
Questions Presented
- What sanction was appropriate for Deshotels's extensive and admitted violations of the Louisiana Rules of Professional Conduct?
- Whether the misconduct was sufficiently egregious to warrant permanent disbarment and a permanent prohibition on readmission.
Holdings
- Disbarment was the appropriate baseline sanction for Deshotels's repeated, widespread, and serious violations of duties owed to clients, the public, the legal system, and the profession.
- Permanent disbarment was warranted because Deshotels repeatedly and intentionally converted client funds with substantial harm and demonstrated a lack of the moral fitness required to practice law.
- A permanently disbarred attorney may be ordered to make restitution to victims and repay amounts paid on the attorney's behalf from the Louisiana State Bar Association Client Assistance Fund.
Key quotations
“Guideline 1 applies to “repeated or multiple instances of intentional conversion of client funds with substantial harm.”” (863 So. 2d at 514)
“We do not lightly impose permanent disbarment. Nonetheless, we are firmly convinced that we would be derelict in our constitutional duty to regulate the practice of law if we did not impose that sanction under the instant facts.” (863 So. 2d at 514)
“Respondent’s actions convincingly demonstrate he does not possess the requisite moral fitness to practice law in this state. He must be permanently disbarred.” (863 So. 2d at 515)
Factual background
Deshotels engaged in widespread misconduct across seventeen client and other matters, including neglecting legal matters, failing to communicate, disobeying court orders, allowing claims to prescribe, failing to return files and unearned fees, converting or mishandling client funds, failing to provide accountings, and failing to cooperate with the disciplinary investigation. The misconduct caused substantial harm to clients and the legal system, and multiple instances involved intentional conversion of client funds or unearned fees. Deshotels had a prior disciplinary record and numerous aggravating factors were present, with no mitigating factors identified.
Procedural history
The Office of Disciplinary Counsel filed seventeen counts of misconduct against John Blake Deshotels. After personal service, Deshotels failed to answer, and the allegations were deemed admitted under Supreme Court Rule XIX, § 11(E)(3). The hearing committee and disciplinary board recommended permanent disbarment, and neither party timely objected. The Supreme Court accepted the recommendation, permanently disbarred Deshotels, ordered restitution, and assessed costs.