Supreme Court of Louisiana, 2007

In re Ellender

In re Ellender
Supreme Court of Louisiana · Decided February 22, 2007 · Johnson, Kimball, Reasons, Traylor
950 So. 2d 676; 2007 La. LEXIS 426; 2007 WL 530191 (Southern Reporter, Second Series)

In re Ellender

Opinion of the Court

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

b The Office of Disciplinary Counsel (“ODC”) seeks review of a recommendation of the disciplinary board that the formal charges against respondent, Van F. Ellender, be dismissed. Considering the record, briefs, and oral argument, we find the disciplinary board reached the correct result in dismissing the formal charges.

Accordingly, it is the judgment of this court that the formal charges against respondent be dismissed.

KIMBALL, J., dissents and assigns reasons. JOHNSON and TRAYLOR, JJ., dissent.

Dissenting Opinion

KIMBALL, J.,

dissenting.

Id dissent from the majority’s decision to dismiss the formal charges against respondent. The Office of Disciplinary Counsel proved by clear and convincing evidence that respondent charged his clients an excessive legal fee. For this misconduct, I would publicly reprimand re*677spondent, as recommended by the hearing committee.

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