Summary
The Supreme Court of Louisiana disciplined Dante J. Butler for sharing legal fees with nonlawyers and assisting them in the unauthorized practice of law in connection with post-conviction matters. The court imposed an eighteen-month suspension, deferred all but one year, followed by one year of unsupervised probation and completion of Ethics School.
Holdings
- Clear and convincing evidence established that Butler improperly shared legal fees with Taylor and Terrell, who were nonlawyers, in violation of Louisiana Rule of Professional Conduct 5.4(a).
- Clear and convincing evidence established that Butler assisted Taylor and Terrell in providing legal services and practicing law without authorization, in violation of Louisiana Rule of Professional Conduct 5.5(a).
- The violations of Rules 5.4(a) and 5.5(a) established a derivative violation of Rule 8.4(a).
- The appropriate sanction was an eighteen-month suspension from the practice of law, with all but one year deferred, followed by one year of unsupervised probation and successful completion of Ethics School.
Questions Presented
- Whether clear and convincing evidence established that Butler shared legal fees with nonlawyers in violation of Rule 5.4(a).
- Whether clear and convincing evidence established that Butler assisted nonlawyers in the unauthorized practice of law in violation of Rule 5.5(a).
- Whether the charged violations constituted a derivative violation of Rule 8.4(a).
- What sanction was appropriate in light of the knowing misconduct, harm to clients, aggravating and mitigating factors, and Louisiana disciplinary precedent.
Disposition
other
Cases Cited (11)
- State v. Casaday, 15-0607 (La. 2/5/16), 186 So. 3d 1162(cited)
- In re: Morris, 14-1067 (La. 10/15/14), 149 So. 3d 229(applied and compared)
- In re: Mopsik, 04-2395 (La. 5/24/05), 902 So. 2d 991(applied by analogy)
- In re: Burns, 17-2153 (La. 5/1/18), 249 So. 3d 811(cited and compared)
- In re: Banks, 09-1212 (La. 10/2/09), 18 So. 3d 57(cited for standard)
- In re: Caulfield, 96-1401 (La. 11/25/96), 683 So. 2d 714(cited for standard)
- In re: Pardue, 93-2865 (La. 3/11/94), 633 So. 2d 150(cited for standard)
- Louisiana State Bar Ass'n v. Reis, 513 So. 2d 1173 (La. 1987)(cited for principle)
- Louisiana State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984)(cited for principle)
- In re: Watley, 01-1775 (La. 12/7/01), 802 So. 2d 593(applied by analogy)
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Court Document
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