In Re: Fred A. Blanche, III
In Re: Fred A. Blanche, III, No. 2020-OB-01241 (La. Dec. 22, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- In re Blanche 44 So. 3d 263
Opinion text
Supreme Court of Louisiana
December 22, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: FRED A. BLANCHE, III
No.2020-OB-01241
_ _ _ _ _ _
IN
RE: Disciplinary Counsel - Applicant Other; Findings and Recommendations
(Reinstatement);
_ _ _ _ _ _
December 22, 2020
Conditional reinstatement granted. See per curiam.
JLW
SJC
JTG
WJC
JBM
12/22/2020 “See News Release 050 for any Concurrences and/or Dissents.”
SU
PREME COURT OF LOUISIANA
NO.
2020-OB-1241
I
N RE: FRED A. BLANCHE, III
ON APPL
ICATION FOR REINSTATEMENT
P
ER CURIAM
Th
is proceeding arises out of an application for reinstatement to the practice
of law filed by petitioner, Fred A. Blanche, III, a suspended attorney.
UNDE
RLYING FACTS AND PROCEDURAL HISTORY
In 2010, we considered a formal charge matter in which we found petitioner
had knowingly disregarded his obligations in numerous bankruptcy cases. We also
found petitioner had intentionally practiced law after his suspension in bankruptcy
court, intentionally failed to deposit a bankruptcy client’s personal injury settlement
funds into a trust account, and intentionally failed to cooperate with the Office of
Disciplinary Counsel (“ODC”) in its investigation. For this knowing and intentional
misconduct, which caused actual harm, we suspended petitioner from the practice of
law for three years, retroactive to February 13, 2008, the date of his interim
suspension. We also ordered petitioner to make full restitution of the fee he charged
in one of the bankruptcy cases. In re: Blanche , 10-1132 (La. 10/24/10), 44 So. 3d
263.
On November 8, 2019, petitioner filed the instant application for
reinstatement to the practice of law in Louisiana, asserting that he has complied with
the reinstatement criteria set forth in Supreme Court Rule XIX, § 24(E). On January
6, 2020, the ODC filed its response to petitioner’s application for reinstatement,
12/22/2020
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taking no position regarding the matter. The matter was then referred for a formal
hearing before a hearing committee.
Following the hearing, the hearing committee recommended petitioner be
reinstated to the practice of law on a conditional basis for five years, subject to
certain conditions. Petitioner filed an objection to two of the conditions
recommended by the committee, and accordingly, the matter was reviewed by the
disciplinary board pursuant to Supreme Court Rule XIX, § 24(H)(2).
After review, the board recommended petitioner be reinstated to the practice
of law on a conditional basis for five years, subject to the following conditions:
1. Petitioner shall be placed on supervised probation for a period of five years to
be monitored by an attorney who has been licensed and practicing in
Louisiana for at least ten years;
2. During the probationary period, petitioner shall complete 12.5 hours of MCLE
annually, including taking the required one hour of ethics and one hour of
professionalism; and
3. Should petitioner fail to comp ly with these conditions, or should he commit
any misconduct during the probationary period, his conditional right to
practice may be terminated immediately or he may be subjected to other
discipline pursuant to Supreme Court Rule XIX, as appropriate.
Neither petitioner nor the ODC objected to the disciplinary board’ s
recommendation.
DISCUSSION
After considering the record in its entirety, we find petitioner has met h is
burden of proving that he is entitled to be re instated to the practice of law on a
conditional basis. Accordingly, we will order that petitioner be re instated to the
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practice of law, subject to a five-year period of supervised probation governed by all
of the conditions recommended by the disciplinary board.
DECREE
Upon review of the recommendation s of the hearing committee and the
disciplinary board, and considering the record, it is ordered that Fred A. Blanche,
III, Louisiana Bar Roll number 3114, be immediately reinstated to the practice of
law in Louisiana, subject to a five-year period of supervised probation governed by
the conditions set forth herein. The probationary period shall commence from the
date petitioner, the ODC, and the probation monitor execute a formal probation plan.
Should petitioner fail to comply with the conditions of probation, or should he
commit any misconduct during the period of probation, his conditional right to
practice may be terminated immediately, or he may be subjected to other discipline
pursuant to the Rules for Lawyer Disciplinary Enforcement, as appropriate. All
costs of these proceedings are assessed against petitioner.