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Louisiana State Bar Ass'n v. Riley

Citations: 536 So. 2d 425; 1989 La. LEXIS 407; 1989 WL 1309Docket: Nos. 87-B-2002, 87-B-2727

Court: Supreme Court of Louisiana; January 12, 1989; Louisiana; State Supreme Court

Narrative Opinion Summary

Respondent’s application has been granted based on the uncontroverted affidavit from a psychiatrist, the short duration since the voluntary disbarment, and the lack of opposition from the Bar Association. Consequently, the Court's order dated March 17, 1988, which disbarred Michael J. Riley, Sr. by consent, is set aside. The case is further remanded to the Louisiana State Bar Association for additional proceedings.

Legal Issues Addressed

Effect of Court Order on Voluntary Disbarment

Application: A court order setting aside a prior disbarment by consent effectively nullifies that disbarment, allowing the respondent to be reinstated to practice law pending further proceedings.

Reasoning: Consequently, the Court's order dated March 17, 1988, which disbarred Michael J. Riley, Sr. by consent, is set aside.

Reinstatement After Voluntary Disbarment

Application: The court may grant reinstatement based on factors such as an uncontroverted affidavit from a qualified professional, a short duration since disbarment, and lack of opposition from relevant professional bodies.

Reasoning: Respondent’s application has been granted based on the uncontroverted affidavit from a psychiatrist, the short duration since the voluntary disbarment, and the lack of opposition from the Bar Association.

Remand for Further Proceedings

Application: A case may be remanded to the appropriate professional body for additional proceedings following a court's decision to set aside a previous order.

Reasoning: The case is further remanded to the Louisiana State Bar Association for additional proceedings.