679 So. 2d 384 | La. | 1996
DISCIPLINARY PROCEEDINGS
Respondent, Cheryl Hensley, violated Rule 1.3 (diligence), Rule 3.3 (candor toward the tribunal), and Rule 8.4 (misconduct) in the representation of her clients, Ray and Marie Jackson. Despite having been retained to assist Ray Jackson in the preparation of his will in July 1990 and despite respondent’s knowledge that Ray Jackson suffered from leukemia, a life-threatening disease, respondent did not draft a will for Ray Jackson until March 8,1991. On March 12,1991, Ray Jackson died intestate, as respondent failed to bring him the drafted will for his signature prior to his death.
After a formal hearing, the Hearing Committee found that respondent had violated Rule 1.3 (diligence), Rule 8.3 (candor toward the tribunal), and Rule 8.4 (misconduct), but found several mitigating factors, including remorse, no pattern of misconduct, and lack of selfish motive. The Committee recommended a six-month suspension and five additional hours of C.L.E. training in legal ethics.
|2The Disciplinary Board rejected the Committee’s conclusions that respondent violated Rule 3.3 and Rule 8.4, finding a lack of clear and convincing evidence to support those findings. However, the Board concluded that respondent did violate Rule 1.1 (competence) and Rule 1.3 (diligence). In so concluding, the Board recommended eighteen months of inactive probation, five hours of C.L.E. training in legal ethics, and ten hours of C.L.E. training in the field of probate, succession, and family law matters.
Upon review of the reports of the Hearing Committee and Disciplinary Board and considering the transcript, record, briefs, exhibits, and oral arguments, this Court accepts the findings and recommendations of the Hearing Committee. This Court is satisfied that the respondent violated duties owed to her client, the profession, and the system.
Accordingly, it is ordered that respondent be placed on suspension from the practice of law for a period of six months. It is further ordered that during the six-month suspension period, respondent earn five C.L.E. credit hours in legal ethics. All costs of these proceedings are assessed against respondent.
Kimball, J., not on panel. Rule IV, Part 2, § 3.