In re: David Band, Jr.

Summary

The Supreme Court of Louisiana disciplined attorney David Band, Jr. for communicating directly with a represented opposing party without counsel’s consent and making false statements to the Office of Disciplinary Counsel. The court imposed a six-month suspension, deferred all but thirty days, conditioned reinstatement on a mental-health evaluation, and assessed costs. Several justices dissented, finding the discipline too lenient.

Holdings

1. Band violated Rule 4.2(a) by knowingly communicating directly with Bowers about the ongoing litigation without the consent of her counsel.
2. Band violated Rule 8.1(a) by knowingly making false statements of material fact to the Office of Disciplinary Counsel in connection with the disciplinary matter.
3. A six-month suspension, with all but thirty days deferred, was warranted for Band's knowing and intentional violations of Rules 4.2(a) and 8.1(a), together with assessment of costs.
4. Before reinstatement, Band must consult with the Judges and Lawyers Assistance Program and, at his own cost, undergo an evaluation by a JLAP-designated neuropsychologist or other mental-health professional to determine his competency to continue practicing law.

Questions Presented

1. Whether Band violated Rule 4.2(a) of the Louisiana Rules of Professional Conduct by communicating directly with Bowers about ongoing litigation when he knew she was represented by counsel and had not obtained counsel's consent.
2. Whether Band violated Rule 8.1(a) by knowingly making false statements of material fact to the Office of Disciplinary Counsel during its investigation.
3. What sanction was appropriate in light of the knowing and intentional misconduct, actual and potential harm, aggravating factors, and the absence of a prior disciplinary record.
4. Whether a competency evaluation by a neuropsychologist or other JLAP-designated mental-health professional should be required before reinstatement.

Disposition

other