In re Andrus

876 So. 2d 745 (La. 2004) · Supreme Court of Louisiana · June 25, 2004

Summary

The Louisiana Supreme Court reviewed consolidated attorney disciplinary proceedings against Roxanne Denise Andrus, involving neglect of client matters, failure to communicate, mishandling and conversion of client funds, and failure to cooperate with disciplinary investigations. The court imposed permanent disbarment, ordered complete accountings and full restitution to the victims, and assessed costs and interest against respondent.

Holdings

  1. The record supported the findings that respondent violated the Louisiana Rules of Professional Conduct through neglect of client matters, failure to communicate, mishandling and conversion of client funds, failure to refund or account for fees and property, and repeated failure to cooperate with the Office of Disciplinary Counsel.
  2. Permanent disbarment was warranted because respondent engaged in repeated or multiple instances of intentional conversion of client funds causing substantial harm and demonstrated that she lacked the moral fitness to practice law and posed a danger to the public.
  3. Respondent was required to provide complete accountings and full restitution to her victims and to pay all costs and expenses of the disciplinary proceedings, with legal interest beginning thirty days after finality of the judgment.

Questions Presented

  1. Whether respondent committed the charged violations of the Louisiana Rules of Professional Conduct.
  2. Whether disbarment was the appropriate sanction for respondent's chronic and intentional misconduct.
  3. Whether respondent's misconduct was sufficiently egregious to warrant permanent disbarment and prohibition from readmission.
  4. Whether respondent should be ordered to provide accountings, make restitution, and pay the costs of the disciplinary proceedings.

Disposition

other

Cases Cited (5)

  • Louisiana State Bar Ass'n v. Chatelain, 573 So. 2d 470 (La. 1991)(distinguished)
  • 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)
  • Louisiana State Bar Ass'n v. Haylon, 250 La. 651, 198 So. 2d 391 (La. 1967)(followed)
  • In re Andrus, 814 So. 2d 1283 (La. 2002)(prior disciplinary history)

Cited In (0)

No citing cases on record yet.

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