In re Bailey

Summary

The Louisiana Supreme Court considered disciplinary charges against attorney Joseph W. Bailey arising from his representation of a disabled client and the client's irrevocable trust. The court found violations involving excessive fees, conflicts of interest, mishandling of trust funds, inadequate supervision, and dishonest conduct, and ordered Bailey disbarred.

Holdings

1. The record established that Bailey charged excessive fees, engaged in conflicts of interest, failed to properly supervise his wife in her roles as trustee and non-lawyer assistant, converted client or trust funds to his own use, and engaged in dishonest conduct, thereby violating the Rules of Professional Conduct found by the hearing committee and disciplinary board.
2. Disbarment was warranted because Bailey knowingly and intentionally violated duties owed to Morris, caused substantial actual harm, and presented aggravating circumstances that justified no downward deviation from the baseline sanction of disbarment.

Questions Presented

1. Whether the record established by clear and convincing evidence that Bailey violated the Louisiana Rules of Professional Conduct.
2. Whether Bailey's misconduct warranted disbarment rather than a lesser sanction.

Disposition

other