Narrative Opinion Summary
In consolidated attorney disciplinary proceedings, J. Blake Deshotels faced allegations of professional misconduct stemming from his representation of a client, Mr. Wiggins, following a DWI conviction. The Office of Disciplinary Counsel charged Deshotels with multiple violations of the Rules of Professional Conduct, including failure to adequately terminate representation and false statements. The case mainly focused on Deshotels' mishandling of a writ application, resulting in Wiggins' arrest due to missed deadlines. Despite Deshotels' denial of misconduct, a hearing committee found he violated professional rules, recommending a one-year suspension. Concurrently, the attorney faced scrutiny for undisclosed criminal convictions, which, although not directly related to legal practice, suggested a pattern of unprofessional behavior. The disciplinary board consolidated both issues, ultimately recommending a public reprimand, citing mitigating factors and lack of aggravating circumstances. However, the ODC objected, prompting further review. The court determined a six-month suspension, with all but 60 days deferred, and imposed probationary conditions, including participation in the Lawyer’s Assistance Program. The decision underscored the attorney's failure to terminate representation effectively and acknowledged his criminal history as affecting professional fitness, despite mitigating circumstances.
Legal Issues Addressed
Attorney Discipline and Sanctionssubscribe to see similar legal issues
Application: The court imposed a six-month suspension with conditions due to the attorney's misconduct and criminal convictions.
Reasoning: In light of the respondent's failure to terminate representation and his previous criminal convictions, the court deemed a six-month suspension from practice appropriate, with all but sixty days deferred.
Criminal Convictions and Professional Fitnesssubscribe to see similar legal issues
Application: Respondent's criminal convictions indicated a pattern of misconduct reflecting poorly on his professional fitness.
Reasoning: These convictions, while not directly related to the practice of law, indicated a pattern of misconduct that reflected poorly on the respondent's professional fitness and suggested a potential substance abuse problem.
Mitigating Factors in Disciplinary Proceedingssubscribe to see similar legal issues
Application: The presence of mitigating factors influenced the disciplinary board's recommendation for a public reprimand.
Reasoning: Several mitigating factors were present, with no aggravating factors noted, leading the board to recommend a public reprimand as the appropriate sanction.
Rules of Professional Conduct Violationssubscribe to see similar legal issues
Application: The attorney was charged with violations due to failure in due diligence, miscommunication, and making false statements.
Reasoning: The allegations assert violations of multiple Rules of Professional Conduct, including due diligence, failure to protect client interests upon termination of representation, making false statements to a tribunal, and engaging in conduct prejudicial to the administration of justice.
Termination of Representationsubscribe to see similar legal issues
Application: The case illustrates the attorney's failure to properly terminate representation, leading to significant client prejudice.
Reasoning: The board determined that the only proven misconduct by the respondent was his failure to properly terminate his representation of a client, Mr. Wiggins.