In re Edward M. Nichols, Jr.

Summary

The Louisiana Supreme Court considered attorney disciplinary charges arising from respondent's neglect and inadequate communication in a divorce, custody, and child-support representation. The court found violations involving failure to comply with the objectives of representation, lack of diligence, inadequate communication, and failure to expedite litigation, but not knowing disobedience of a tribunal obligation. It imposed a one-year suspension, with all but six months deferred, followed by one year of supervised probation.

Holdings

1. Nichols violated Rules 1.2, 1.3, 1.4, and 3.2 by failing to obtain a custody judgment, failing to finalize the divorce in a timely manner, failing to communicate adequately with his client, and failing to make reasonable efforts to expedite the litigation.
2. Nichols did not violate Rule 3.4(c) because the failure to file the judgment was negligent rather than knowing.
3. A one-year suspension from the practice of law, with all but six months deferred, followed by one year of supervised probation, was warranted.

Questions Presented

1. Whether Nichols violated Rules 1.2, 1.3, 1.4, and 3.2 of the Louisiana Rules of Professional Conduct by failing to pursue the divorce and custody matter diligently, communicate adequately with his client, and expedite the litigation.
2. Whether Nichols violated Rule 3.4(c) by failing to file a judgment addressing custody and paternity-related matters as contemplated by the hearing officer's recommendations.
3. What sanction was appropriate in light of Nichols's negligent misconduct, significant harm to his client, prior disciplinary record, and aggravating and mitigating factors.

Disposition

other