In Re: Michael Wayne Kelly

Supreme Court of Louisiana
March 02, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: MICHAEL WAYNE KELLY
No.2020-OB-01436
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I
N RE: Michael Wayne Kelly - Applicant Other; Petition for readmission;
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March 02, 2021
Conditional readmission granted. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
03/02/2021 "See News Release 008 for any Concurrences and/or Dissents."

03/02/21
S
UPREME COURT OF LOUISIANA
NO. 20
20-OB-1436
I
N RE: MICHAEL WAYNE KELLY
ON AP
PLICATION FOR READMISSION
P
ER CURIAM
Th
is proceeding arises out of an application for readmission to the practice of
law filed by petitioner, Michael Wayne Kelly, a disbarred attorney.
UNDE
RLYING FACTS AND PROCEDURAL HISTORY
Petitioner neglected legal matters, failed to communicate with his clients,
failed to refund unearned fees, made false statements to his clients and the Office of
Disciplinary Counsel (“ODC”), and accepted a representation while suspended from
the practice of law. Petitioner and the ODC then filed with this court a joint petition
for consent discipline, proposing that petitioner be disbarred. We accepted the
petition for consent discipline and disbarred petitioner on October 26, 2012. In re:
Kelly, 12-2105 (La. 10/26/12), 101 So. 3d 444.
In January 2020 , p etitioner filed an application for r eadmission with the
disciplinary board, alleging he has complied with the readmission criteria set forth
in Supreme Court Rule XIX, § 24(E). The ODC took no position regarding the
application for readmission. Accordingly, the matter was referred for a formal
hearing before a hearing committee.
Following the hearing, the committee recommended that petitioner be
readmitted to the practice of law, subject to two years of supervised probation with

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conditions. Neither petitioner nor the ODC obje cted to the committee’s
recommendation.
DISCUSSION
After considering the record in its entirety, we find petitioner has met his
burden of proving that he is entitled to be r eadmitted 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 readmitted to the
practice of law, subject to a two-year period of probation governed by the following
conditions:
1. Should circumstances warrant, petitioner consents to the extension of his
probationary period for at least another two years;
2. Petitioner shall only return to the practice of law under the direct supervision
of a full-time practicing attorney who is eligible and in good standing;
3. Petitioner must present proof on a quarterly basis that he is in compliance with
his IRS installment payment plan and, if applicable, any payment plan he
negotiates with the Louisiana Department of Revenue; and
4. Petitioner shall enter into a monitoring agreement with the ODC and a
probation monitor selected by the ODC with terms including, but not limited
to, the following: (a) petitioner is obligated to maintain his eligibility without
interruption throughout his period of probation, ( b) petitioner’s file s are
subject to periodic review by his probation monitor w ith the monitor
providing quarterly reports of all findings and observations to the ODC, ( c)
petitioner will cooperate fully with his probation monitor and with the ODC
in any disciplinary investigations that may arise, and (d) petitioner will accept
mentoring from Reginald W. Abrams.

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DECREE
Upon review of the recommendation of the hearing committee, and
considering the record, it is ordered that Michael Wayne Kelly, Louisiana Bar Roll
number 23159, be immediately readmitted 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, 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 a re
assessed against petitioner.