In re Hebert

Summary

The Louisiana Supreme Court considers attorney-discipline charges against Edward Hebert, II, arising from his unauthorized practice of law while suspended, misrepresentation of his identity and bar number, failure to refund client funds, and failure to cooperate with the disciplinary investigation. The court orders permanent disbarment, restitution of $500 plus legal interest to the client, and assessment of proceeding costs.

Holdings

1. The deemed-admitted facts, together with the record, established that respondent engaged in the unauthorized practice of law while suspended, misrepresented his identity and bar roll number to conceal his ineligibility, and failed to cooperate with the Office of Disciplinary Counsel, violating Rules 5.5(a), 8.1(c), and 8.4(c) of the Rules of Professional Conduct.
2. Permanent disbarment was warranted because respondent practiced law while suspended after prior serious disciplinary suspensions, bringing his conduct within Permanent Disbarment Guidelines 8 and 9 and demonstrating that he lacked the fitness to practice law.
3. Respondent was required to make restitution of $500 plus legal interest to Ivan Prevost and to pay the costs and expenses of the disciplinary proceeding.

Questions Presented

1. Whether the deemed-admitted facts established that respondent engaged in the unauthorized practice of law while suspended.
2. Whether respondent violated the Rules of Professional Conduct by misrepresenting his identity and bar roll number, failing to cooperate with the Office of Disciplinary Counsel, and engaging in dishonest conduct.
3. Whether permanent disbarment, restitution, and assessment of costs were appropriate sanctions in light of respondent's current and prior misconduct.

Disposition

other