2020-BA-00159 Precedential Denied Processed

In Re: Committee On Bar Admissions Cfn -811

Louisiana Supreme Court · Filed November 18, 2020

Also decided on this docket: La., April 7, 2021; La., January 20, 2021

Opinion text

Supreme Court of Louisiana
November 18, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: COMMITTEE ON BAR ADMISSIONS
CFN
-811 No.2020-BA-00159
_ _ _
_ _ _
IN R
E: Confidential Party - Applicant Other; Petition to sit for the Louisiana Bar;
_ _ _ _ _ _
November 18, 2020
Petition to take bar exam denied. See order.
Hughes, J., would grant permission to take bar exam.
Crain, J., would grant petition, conditional upon referral to committee on character
and fitness upon passing bar.
BJJ
JLW
SJC
JTG
JHB
11/18/2020 “See News Release 044 for any Concurrences and/or Dissents.”

11/18/20
S
UPREME COURT OF LOUISIANA
NO. 2
020-BA-0159
I
N RE: COMMITTEE ON BAR ADMISSIONS CFN-811
B
AR ADMISSIONS PROCEEDING
P
ER CURIAM
Petitioner applied to take the February 2020 bar examination. The Committee
on Bar Admissions (“Committee”) denied petitioner’s application, citing his
commission of acts constituting the unauthorized practice of law.
Petitioner applied to this court, seeking permission to take the bar exam. We
denied the application and remanded this matter to the Committee on Bar
Admissions Panel on Character and Fitness to conduct an investigation and
appointed a commissioner to take character and fitness evidence. Our order
provided that upon receipt of the commissioner’s report addressing his “specific
findings with regard to the allegations against petitioner relating to the unauthorized
practice of law,” w e would make a determination whether petitioner would be
permitted to sit for a future bar examination.
The commissioner conducted a character and fitness hearing pursuant to
Supreme Court Rule XVII, § 9 (D). At the conclusion of the hearing, the
commissioner filed his report with this court, finding that although petitioner is not
a lawyer in any jurisdiction, he nevertheless incorporated a law office; leased office
space for the firm; published advertisements and established a website for the firm;
opened a checking account in the name of the firm; and used the checking account
for business purposes . The commissioner conclude d that these facts conclusively
establish that petitioner held himself out to be a lawyer and conveyed the impression

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to the public that he is licensed to practice law, in violation of La. R.S. 37:213. Based
on these findings, the commissioner recommended that petitioner not be admitted to
the bar. Neither party objected to this recommendation.
Considering the commissioner’s recommendation and the entire record of this
proceeding, we find that petitioner engaged in the unauthorized practice of law. We
further find that, at this time, petitioner has failed to meet his burden of proving that
he has “good moral character” to be admitted to the Louisiana State Bar Association.
See Supreme Court Rule XVII, § 5(D). Accordingly, it is ordered that the
application by petitioner seeking permission to sit for the Louisiana Bar Examination
be and hereby is denied. In accordance with Supreme Court Rule XVII, § 9(D)(13),
petitioner may not re-apply to sit for the bar examination until two years has passed
from the date of this judgment.