In re: Dante Jerome Butler

In re Dante Jerome Butler, No. 2018-B-1812 (La. May 8, 2019) · Supreme Court of Louisiana · May 8, 2019 · No. 2018-B-1812

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

  1. 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).
  2. 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).
  3. The violations of Rules 5.4(a) and 5.5(a) established a derivative violation of Rule 8.4(a).
  4. 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

  1. Whether clear and convincing evidence established that Butler shared legal fees with nonlawyers in violation of Rule 5.4(a).
  2. Whether clear and convincing evidence established that Butler assisted nonlawyers in the unauthorized practice of law in violation of Rule 5.5(a).
  3. Whether the charged violations constituted a derivative violation of Rule 8.4(a).
  4. 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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