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In re Madera

12/9/2005

t forth guidelines illustrating the types of conduct which might warrant permanent disbarrment. While these guidelines are not intended to bind this court in its decision-making process, they present useful information concerning the types of conduct we might consider worthy of permanent disbarrment.


Applying the guidelines to the instant case, we find respondent's conversion of funds due to her clients' medical providers falls within the scope of Guideline 1 (repeated or multiple instances of intentional conversion of client funds with substantial harm). Accordingly, we will accept the recommendation of the disciplinary board and permanently disbar respondent.


DECREE


Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that the name of Carmen S. Madera, Louisiana Bar Roll number 19958, be stricken from the roll of attorneys and that her license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, § 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. It is further ordered that respondent make restitution to her victims. 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.


CALOGERO, Chief Justice, dissents in part and assigns reasons Being of the view that while disbarrment in this case is warranted, making this disbarrment permanent is not imperative on this record.






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