In re Norman Mopsik

902 So. 2d 991 (La. 2005) · Supreme Court of Louisiana · May 24, 2005 · No. 2004-B-2395

Summary

The Supreme Court of Louisiana reviewed disciplinary charges against attorney Norman Mopsik arising from his failure to supervise a paralegal handling a domestic-relations matter and assisting in the unauthorized practice of law. The court found violations of Louisiana Rules of Professional Conduct 5.3 and 5.5(b) and imposed a sixty-day suspension, assessing costs against respondent.

Holdings

  1. Mopsik violated Rule 5.3 because he failed to exercise meaningful supervisory oversight over Gai and abdicated his professional responsibilities for Schmitt's case to her.
  2. Mopsik violated Rule 5.5(b) by assisting Gai in the unauthorized practice of law.
  3. A sixty-day suspension from the practice of law was appropriate.

Questions Presented

  1. Whether the record established by clear and convincing evidence that Mopsik violated Rule 5.3 by failing to supervise his nonlawyer assistant.
  2. Whether Mopsik violated Rule 5.5(b) by assisting Gai in the unauthorized practice of law through his failure to supervise and his delegation of responsibility.
  3. What discipline was appropriate for the proven misconduct.

Disposition

other

Cases Cited (7)

  • Louisiana State Bar Ass'n v. Keys, 567 So. 2d 588 (La. 1990)(followed)
  • 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: Bolton, 02-0257 (La. 6/21/02), 820 So. 2d 548(followed)
  • In re: Comish, 04-1453 (La. 12/13/04), 889 So. 2d 236(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.

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