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In re Broussard9/30/2002
ngs.
Based on this analysis, the board found the proposed sanction was in line with existing case law and was appropriate to address respondent's misconduct. Accordingly, the board recommended the petition for consent discipline be accepted.
Neither respondent nor the ODC objected to the disciplinary board's recommendation.
DISCUSSION
Although this matter arises from a petition for consent discipline, Supreme Court Rule XIX, § 20(B) provides that the extent of discipline to be imposed is subject to review. In determining an appropriate sanction, we are mindful that disciplinary proceedings are designed to maintain high standards of conduct, protect the public, preserve the integrity of the profession, and deter future misconduct. Louisiana State Bar Ass'n v. Reis, 513 So. 2d 1173 (La. 1987). The discipline to be imposed depends upon the facts of each case and the seriousness of the offenses involved, considered in light of any aggravating and mitigating circumstances. Louisiana State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984).
Respondent's misconduct, especially his failure to disburse client funds for over a year, is serious in nature. However, it appears his actions resulted from negligence rather than any dishonest or selfish motive. There is no indication that the client in the Balsamo matter suffered any significant harm from respondent's actions. Likewise, the client in the Edwards matter was not significantly harmed, and ultimately received all of the funds due to her. We consider respondent's payment of restitution, combined with his cooperative attitude toward these proceedings, to be important mitigating factors.
Under similar facts, we have imposed fully deferred suspensions, combined with probation. See, e.g., In re: Reed, 99-3435 (La. 1/14/00), 753 So. 2d 175 (six month suspension, fully deferred, followed by one year period of supervised probation imposed upon an attorney who commingled and converted client funds but who repaid those funds and displayed a cooperative attitude). Such an approach gives the lawyer an opportunity to correct the problems which caused the misconduct, while at the same time protecting the public from future misconduct.
Accordingly, we will accept the petition for consent discipline, and impose a fully deferred suspension, subject to probation with conditions.
DECREE
Upon review of the findings and recommendation of the disciplinary board, and considering the record filed herein, it is ordered that Francis C. Broussard be suspended from the practice of law for a period of six months. It is further ordered that this suspension shall be fully deferred and respondent shall be placed on supervised probation for a period of one year, subject to the conditions set forth in the petition for consent discipline. Any violation of the conditions of probation or any other misconduct during the probationary period 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, § 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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