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In re Beard6/16/2000
seline sanction.
Accordingly, the board recommended that respondent be disbarred from the practice of law. The board further recommended that respondent be assessed with all costs and expenses of these proceedings, with legal interest to commence running thirty days from the date of finality of the court's judgment until paid.
Neither respondent nor the ODC objected to the disciplinary board's recommendation.
DISCUSSION
The record supports the findings of the hearing committee that the ODC proved all of the formal charges by clear and convincing evidence. Turning to the appropriate sanction for respondent's misconduct, we find respondent has engaged in a pattern of misconduct which convincingly demonstrates his lack of fitness to practice law in this state. Respondent's conduct in the McDonald matter alone warrants disbarrment under Hinrichs, involving as it does the outright theft of funds intended for the support and maintenance of a disabled child in order to support respondent's crack cocaine habit. Additionally, respondent's conviction of a theft of telephone services through deceit indicates his lack of moral fitness.
As aggravating factors, we find prior disciplinary offenses, dishonest or selfish motive, a pattern of misconduct, multiple offenses, bad faith obstruction of the disciplinary process, false statements and deceptive practices during the disciplinary process, refusal to acknowledge the wrongful nature of the conduct, vulnerability of the victim, substantial experience in the practice of law, and indifference to making restitution. No mitigating factors are supported by the record.
We conclude disbarrment is the appropriate sanction under these facts. Accordingly, we will accept the disciplinary board's recommendation and disbar respondent from the practice of law in Louisiana.
DECREE
Upon review of the findings and recommendation of the disciplinary board, and considering the record, it is ordered that the name of Orscini L. Beard be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. 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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