In re John T. Bennett

Summary

The Louisiana Supreme Court considered attorney disciplinary charges arising from John T. Bennett's failure to supervise a paralegal who misappropriated client and law-firm funds. The court found violations of Louisiana Rules of Professional Conduct 5.3 and 8.4(a), and imposed a one-year-and-one-day suspension, fully deferred, subject to two years of unsupervised probation and specified conditions.

Holdings

1. Bennett violated Louisiana Rule of Professional Conduct 5.3 by failing to properly supervise Adducci and failing to maintain reasonable oversight and procedures protecting client and third-party funds.
2. Bennett violated Louisiana Rule of Professional Conduct 8.4(a) through his negligent inattention to basic standards of law-office management and supervision.
3. A one-year-and-one-day suspension, fully deferred subject to two years of probation and specified trust-account conditions, was appropriate for Bennett's negligent misconduct.

Questions Presented

1. Whether Bennett violated Louisiana Rule of Professional Conduct 5.3 by failing to properly supervise a nonlawyer assistant who misappropriated client funds.
2. Whether Bennett's failure to supervise also violated Louisiana Rule of Professional Conduct 8.4(a).
3. What sanction was appropriate in light of Bennett's negligent misconduct, restitution, illness, disciplinary history, and aggravating and mitigating circumstances.

Disposition

other