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In re Gaudin

Citations: 894 So. 2d 1095; 2005 La. LEXIS 457; 2005 WL 434525Docket: No. 2005-B-0033

Court: Supreme Court of Louisiana; February 24, 2005; Louisiana; State Supreme Court

Narrative Opinion Summary

An investigation by the Office of Disciplinary Counsel (ODC) revealed that Pierre F. Gaudin improperly charged interest on advances or loans to clients before settlement and failed to promptly remit funds to a third party. Prior to formal charges, Gaudin and the ODC submitted a joint petition for consent discipline, acknowledging that he has made full restitution in both instances. The court accepted this petition and ordered a public reprimand for Gaudin, who is a member of the Louisiana Bar (Bar Roll number 5976). Additionally, he is required to attend the Louisiana State Bar Association's Ethics School and provide proof of successful completion to the ODC. All associated costs and expenses are to be borne by Gaudin, with legal interest accruing from thirty days after the court's judgment becomes final until payment is made.

Legal Issues Addressed

Consent Discipline and Restitution

Application: Gaudin and the ODC agreed to a joint petition for consent discipline after acknowledging full restitution had been made in both instances of misconduct.

Reasoning: Prior to formal charges, Gaudin and the ODC submitted a joint petition for consent discipline, acknowledging that he has made full restitution in both instances.

Failure to Remit Funds to Third Parties

Application: Pierre F. Gaudin failed to promptly remit funds owed to a third party, as required by professional standards, leading to disciplinary action.

Reasoning: An investigation by the Office of Disciplinary Counsel (ODC) revealed that Pierre F. Gaudin ... failed to promptly remit funds to a third party.

Misconduct in Charging Interest on Client Advances

Application: The Office of Disciplinary Counsel found that Pierre F. Gaudin improperly charged interest on advances or loans to clients prior to settlement, which constitutes professional misconduct.

Reasoning: An investigation by the Office of Disciplinary Counsel (ODC) revealed that Pierre F. Gaudin improperly charged interest on advances or loans to clients before settlement.

Responsibility for Costs and Legal Interest

Application: Gaudin is responsible for all associated costs and expenses related to the disciplinary proceedings, with legal interest accruing on unpaid amounts after a specified period.

Reasoning: All associated costs and expenses are to be borne by Gaudin, with legal interest accruing from thirty days after the court's judgment becomes final until payment is made.

Sanctions for Professional Misconduct

Application: The court ordered a public reprimand for Gaudin and required him to attend the Louisiana State Bar Association's Ethics School as part of the disciplinary sanctions.

Reasoning: The court accepted this petition and ordered a public reprimand for Gaudin, who is a member of the Louisiana Bar (Bar Roll number 5976). Additionally, he is required to attend the Louisiana State Bar Association's Ethics School and provide proof of successful completion to the ODC.