In re Lewis

856 So. 2d 1191 (La. 2003) · Supreme Court of Louisiana · October 3, 2003 · No. 01-DB-027; 01-DB-081

Summary

The Louisiana Supreme Court permanently disbarred Keith A. Lewis for misconduct involving unauthorized practice of law after disbarment, conversion of settlement funds belonging to a bankruptcy estate, failure to perform and refund an unearned fee, and failure to cooperate with disciplinary authorities. The court ordered restitution of $10,990 to the bankruptcy estate of Alice Blue and $3,000 to Thomas Benjamin, Jr., and assessed costs with interest. The court relied in part on guidelines concerning permanent disbarment for post-disbarment practice and prior serious attorney misconduct.

Holdings

  1. The record established by clear and convincing evidence that respondent violated the Louisiana Rules of Professional Conduct by practicing law after disbarment, settling and converting funds belonging to a bankruptcy estate, neglecting a legal matter, failing to communicate, failing to account for or refund an unearned fee, and failing to cooperate with the disciplinary authority.
  2. Permanent disbarment was warranted because respondent engaged in unauthorized practice of law after disbarment and committed serious attorney misconduct after a prior disbarment for serious misconduct.
  3. Respondent was required to pay $10,990 in restitution to the bankruptcy estate of Alice Blue, $3,000 to Thomas Benjamin, Jr., and the costs and expenses of the proceedings, with legal interest beginning thirty days after finality of the judgment.

Questions Presented

  1. Whether the record established by clear and convincing evidence that respondent violated the Louisiana Rules of Professional Conduct.
  2. Whether permanent disbarment was warranted when respondent engaged in serious misconduct, including unauthorized practice of law after disbarment, and had previously been disbarred for serious misconduct.
  3. Whether respondent should be ordered to make restitution and pay the costs and expenses of the disciplinary proceedings.

Disposition

other

Cases Cited (9)

  • In re: Lewis, 98-2825 (La. 1/29/99), 728 So. 2d 846(followed as prior disciplinary history)
  • 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)
  • In re: Morphis, 01-2803 (La. 12/4/02), 831 So. 2d 934(followed)
  • Louisiana State Bar Ass'n v. Chatelain, 573 So. 2d 470 (La. 1991)(distinguished)

Cited In (0)

No citing cases on record yet.

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