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In re Comish12/13/2004
State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984).
Respondent's failure to supervise Mr. Matthews, which forms the basis for Counts I and II, is serious misconduct. Respondent disregarded the stringent rules of this court designed to protect the public from receiving legal advice from persons not authorized to provide such assistance. The prior jurisprudence of this court makes it clear the baseline sanction for this misconduct is disbarrment. In re: Sledge, 03-1148 (La. 10/21/03), 859 So. 2d 671; In re: Brown, 01-2863 (La. 3/22/02), 813 So. 2d 325; Louisiana State Bar Ass'n v. Edwins, 540 So. 2d 294, 303 (La. 1989).
In Count III, respondent's actions were negligent at the outset, but became knowing when he failed to follow through on his promise to take action in response to Mrs. Collins' complaint to the ODC. The baseline sanction for this violation is a suspension from the practice of law.
Although we find respondent's misconduct amounts to a serious ethical lapse, we note that an examination of the record reveals the presence of several significant mitigating factors. Respondent has no prior disciplinary record during the nearly thirty years since his admission to the bar in 1976. He has made full and free disclosure to the disciplinary board, exhibited a cooperative attitude toward the proceedings, demonstrated remorse for his actions, and made restitution to Mrs. Collins. Most significantly, his actions in this matter were not the product of a dishonest or selfish motive.
Considering all the unique facts of this case, we conclude the appropriate sanction for respondent's misconduct is a suspension from the practice of law for a period of three years. In light of the significant mitigating factors, we will defer all but one year and one day of this suspension. We caution respondent that any future misconduct may be grounds for making the deferred portion of the suspension executory or imposing additional discipline, as appropriate.
DECREE
Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that John B. Comish, Louisiana Bar Roll number 4392, be suspended from the practice of law in Louisiana for a period of three years. It is further ordered that all but one year and one day of the suspension shall be deferred, subject to the condition that any future misconduct may be grounds for making the deferred portion of the suspension executory or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, ยง 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
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