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In re Lafont4/1/2005
t does not constitute clear and convincing evidence of what was said to Mr. Bone. In the absence of such clear and convincing evidence, we are constrained to find the ODC has not proven violations of Rules 1.1(a), 1.3, 3.3(a)(1), 3.3(a)(4), 3.4(b), 4.1, 4.4, 8.4(c) and 8.4(d).
Nonetheless, we find the evidence in the record is sufficient to support a finding that respondent failed to properly communicate with his client for purposes of Rule 1.4. Although respondent denied promising a favorable result to Mr. Bone, he admitted his statement that he was confident that he could obtain a no-comment letter had a great influence on Mr. Bone's decision to plead guilty. Much of the confusion in this case could have been eliminated if respondent had clearly and unambiguously communicated to Mr. Bone that he was in no way representing that Mr. Bone could obtain a favorable result in the future (commutation of his sentence) by entering the guilty plea. Therefore, based on respondent's own admissions, we find he violated Rule 1.4.
We further find respondent's DWI conviction constitutes a violation of Rule 8.4(b). Although this was a misdemeanor conviction, it does not reflect well on respondent's trustworthiness or fitness to practice law, especially in light of the fact that his drinking problem may have contributed to his other misconduct.
Having found evidence of professional misconduct, we now turn to a determination of the appropriate sanction for respondent's actions. In considering that issue, we are mindful that disciplinary proceedings are designed to maintain high standards of conduct, protect the public, preserve the integrity of the profession, and deter future misconduct. Louisiana State Bar Ass'n v. Reis, 513 So. 2d 1173 (La. 1987). The discipline to be imposed depends upon the facts of each case and the seriousness of the offenses involved, considered in light of any aggravating and mitigating circumstances. Louisiana State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984).
Respondent's failure to adequately communicate with Mr. Bone placed an additional burden on the criminal justice system. His DWI conviction reflects adversely on his moral fitness.
Several mitigating factors are present, including remorse, lack of dishonest or selfish motive, and good character. The sole aggravating factors are respondent's substantial experience in the practice of law and his prior disciplinary record. We note, however, that the prior infractions are remote in time.
Considering the record as a whole, we find a ninety-day suspension is the appropriate sanction for respondent's misconduct.
DECREE
Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Henry J. Lafont, Jr., Louisiana Bar Roll number 8094, be suspended from the practice of law in Louisiana for a period of ninety days. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
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