In re Willis

Summary

The Louisiana Supreme Court reviewed attorney disciplinary proceedings against Michael Shane Willis arising from neglect of a bankruptcy representation, unauthorized practice while ineligible, failure to cooperate with disciplinary authorities, and violent conduct. The court adopted the disciplinary board's recommendation, disbarred Willis, revoked his Louisiana law license, and ordered restitution to the client.

Holdings

1. When a lawyer fails to answer formal charges, the factual allegations are deemed admitted under Supreme Court Rule XIX, § 11(E)(3), but legal conclusions are not deemed admitted unless they are established by the facts or additional evidence.
2. The deemed-admitted facts established that Willis violated Rules 1.1(c), 1.3, 1.4(a), 1.16(d), 5.5(a), 8.1(c), and 8.4(b) of the Louisiana Rules of Professional Conduct.
3. Disbarment was warranted because Willis knowingly and intentionally violated duties owed to his client, the public, and the legal profession, caused actual harm, practiced law while ineligible, and presented numerous aggravating factors with little mitigation.
4. Willis was required to make full restitution to Johnson for unearned fees and unused costs.

Questions Presented

1. Whether the deemed-admitted facts established violations of the Louisiana Rules of Professional Conduct.
2. Whether disbarment was the appropriate sanction for the respondent's multiple instances of professional misconduct, unauthorized practice, failure to cooperate, and violent conduct.
3. Whether the respondent should be ordered to make full restitution to the client.

Disposition

other