You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

In re Oliphant

Citations: 99 So. 3d 30; 2012 La. LEXIS 2692; 2012 WL 4856293Docket: No. 2012-B-1973

Court: Supreme Court of Louisiana; October 12, 2012; Louisiana; State Supreme Court

Narrative Opinion Summary

The Office of Disciplinary Counsel (ODC) initiated an investigation into Scott E. Oliphant, who was accused of notarizing a document without the signatory being present. Before formal charges were filed, Oliphant and the ODC agreed to a joint petition for consent discipline, acknowledging the misconduct. The court accepted this petition and publicly reprimanded Oliphant, who is listed under Louisiana Bar Roll number 23885. Additionally, the court ordered that all associated costs and expenses be borne by Oliphant, with legal interest starting thirty days after the judgment becomes final. Chief Justice Kimball did not participate in this decision.

Legal Issues Addressed

Assessment of Costs in Disciplinary Proceedings

Application: The court ordered Oliphant to bear all costs and expenses related to the disciplinary proceedings, with interest accruing after the judgment becomes final.

Reasoning: Additionally, the court ordered that all associated costs and expenses be borne by Oliphant, with legal interest starting thirty days after the judgment becomes final.

Consent Discipline in Attorney Misconduct

Application: Oliphant and the ODC agreed to a joint petition for consent discipline before formal charges were filed, which the court accepted.

Reasoning: Before formal charges were filed, Oliphant and the ODC agreed to a joint petition for consent discipline, acknowledging the misconduct.

Disciplinary Proceedings for Notarial Misconduct

Application: The case involves an attorney, Scott E. Oliphant, who was investigated for notarizing a document without the signatory's presence, leading to a public reprimand.

Reasoning: The Office of Disciplinary Counsel (ODC) initiated an investigation into Scott E. Oliphant, who was accused of notarizing a document without the signatory being present.

Participation of Justices in Disciplinary Decisions

Application: Chief Justice Kimball did not participate in the decision regarding the disciplinary measures against Oliphant.

Reasoning: Chief Justice Kimball did not participate in this decision.

Public Reprimand as a Disciplinary Action

Application: Scott E. Oliphant received a public reprimand as a consequence of his admitted misconduct in the notarial act.

Reasoning: The court accepted this petition and publicly reprimanded Oliphant, who is listed under Louisiana Bar Roll number 23885.