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In re Blanson

2/22/2002

h there is no evidence. The board agreed that there are no mitigating factors present.


In light of these findings and the prior jurisprudence involving neglect of legal matters combined with failure to cooperate, the board suggested that respondent be suspended from the practice of law for a period of one year and one day. The board also 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 and disciplinary board that respondent knowingly, if not intentionally, neglected his client's personal injury matter, failed to communicate with his client, and failed to cooperate with the ODC. Therefore, the sole issue presented for our consideration is the appropriate sanction for respondent's misconduct.


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 actions caused harm to Ms. Clark by delaying the legal matter for which she retained him. Respondent's substantial experience in the practice of law is an aggravating circumstance, as is his intentional failure to cooperate with the ODC in its disciplinary investigation. We are unable to discern any mitigating factors from the record.


Under these facts, we find a one year and one day suspension is an appropriate sanction which will deter any future misconduct by respondent and protect the public. Accordingly, we will adopt the disciplinary board's recommendation and suspend respondent from the practice of law for one year and one day.


DECREE


Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, it is ordered that Vincent Blanson be suspended from the practice of law in Louisiana for one year and one day. 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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