In re David Jack Dowell

Summary

The Louisiana Supreme Court imposed a one-year suspension on disbarred attorney David Jack Dowell for failing to comply with post-disbarment notification requirements, acting as a notary in violation of Louisiana law, and failing to cooperate with disciplinary authorities. The court concluded that any unauthorized practice of law was de minimis and that the combined misconduct warranted a one-year suspension, which effectively extended the period before Dowell could seek readmission.

Holdings

1. When a lawyer fails to answer formal charges, the factual allegations are deemed admitted and require no additional proof, but legal conclusions that flow from those facts are not deemed admitted and may require additional evidence.
2. Dowell violated the obligations imposed on him after disbarment, violated La. R.S. 35:14 by acting as a notary, and failed to cooperate with the Office of Disciplinary Counsel.
3. A one-year suspension from the practice of law was appropriate for Dowell's misconduct considered as a whole; because he was already disbarred, the suspension extended by one year the minimum period before he could seek readmission.

Questions Presented

1. Whether the factual allegations in unanswered disciplinary charges were deemed admitted, while legal conclusions flowing from those allegations still required proof.
2. Whether Dowell's post-disbarment conduct constituted unauthorized practice of law and other violations of the Rules of Professional Conduct and La. R.S. 35:14.
3. What sanction was appropriate for Dowell's notarial misconduct, failure to cooperate with the Office of Disciplinary Counsel, and failure to comply with post-disbarment obligations.

Disposition

other