In Re: Daniel E. Becnel, III

Supreme Court of Louisiana
January 26, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: DANIEL E. BECNEL, III
No.2020-OB-01351
_ _
_ _ _ _
I
N RE: Disciplinary Counsel - Applicant Other; Daniel E. Becnel, III - Applicant
Other; Findings and Recommendations (Reinstatement);
_ _ _ _ _ _
January 26, 2021
Conditional reinstatement granted. See per curiam.
Crichton, J., concurs in part and dissents in part and assigns reasons.
Crain, J., would grant unconditional admission.
JBM
JLW
JDH
SJC
JTG
PDG
01/26/2021 “See News Release 004 for any Concurrences and/or Dissents.”

SUP
REME COURT OF LOUISIANA
NO. 20
20-OB-1351
IN
RE: DANIEL E. BECNEL, III
ON APPLI
CATION FOR REINSTATEMENT
PE
R CURIAM
Thi
s proceeding arises out of an application for reinstatement to the practice
of law filed by petitioner, Daniel E. Becnel, III, a suspended attorney.
UNDERL
YING FACTS AND PROCEDURAL HISTORY
Petitioner failed to promptly disburse $9,574.50 owed to a client, made
several mathematical errors in handling his trust account, and failed to promptly
transfer earned attorney’s fees out of his trust account. Because petitioner had
already been disciplined twice for similarly mishandling client funds but had not
improved his accounting practices, we suspended him from the practice of law for
one year and one day. In re: Becnel, 18-0848 (La. 1/30/19), 281 So. 3d 634.
In November 2019, petitioner filed an application for re instatement with the
disciplinary board, alleging he has complied with the reinstatement criteria set forth
in Su preme Court Rule XIX, § 24(E). The ODC took no position regarding the
application for reinstatement . Accordingly, the matter was referred for a formal
hearing before a hearing committee.
Following the hearing, the committee recommended that petitioner be
reinstated to the practice of law without conditions. Neither petitioner nor the ODC
objected to the committee’s recommendation.
01/26/2021

2

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.
Nevertheless, further precautions are warranted to insure that the public will be
protected upon petitioner’s return to practice. See Supreme Court Rule XIX, § 24(J).
Accordingly, we will order that petitioner be conditionally re instated to the
practice of law, subject to a two-year period of probation governed by the following
conditions:
1. Regular audits of petitioner’s trust account during the period of probation shall
be performed by a CPA of petitioner’s choosing, subject to the approval of
the OD C, and shall be submitted quarterly to the ODC, with the cost and
expense of the audits paid by petitioner;
2. At least six hours of petitioner’s mandatory continuing legal education
requirements during the probationary period shall be obtained in law office
practice/client trust account management;
3. Petitioner shall successfully complete the Louisiana State Bar Association’s
Trust Accounting School during the first year of his probationary period;
4. Petitioner shall cooperate with the ODC, shall comply with an y and all
requirements imposed upon him by the ODC, and shall self-report to the ODC
any failures in his ability to satisfy these conditions; and
5. Should petitioner fail to comply with these conditions, 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, as appropriate.

3

DECREE
Upon review of the recommendation of the hearing committee, and
considering the record, it is ordered that Daniel E. Becnel, III , Louisiana Bar Roll
number 20692, be immediately reinstated to the practice of law in Louisiana, subject
to a two-year period of probation governed by the conditions set forth herein. The
probationary period shall commence from the date petitioner and the ODC 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.