2022-OB-00597 Precedential Conditional reinstatement granted. Processed

In Re: Richard C. Oustalet, Jr.

Louisiana Supreme Court · Filed June 8, 2022

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Opinion text

Supreme Court of Louisiana
June 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: RICHARD C. OUSTALET, JR.
No. 2022-OB-00597
_ _ _ _
_ _
IN
RE: Office of Disciplinary Board - Applicant Other; Findings and
Recommendations (Reinstatement);
_ _ _ _ _ _
June 08, 2022
Conditional reinstatement granted. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
06/08/2022 "See News Release 027 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
NO. 20
22-OB-0597
I
N RE: RICHARD C. OUSTALET, JR.
ON AP
PLICATION FOR REINSTATEMENT
P
ER CURIAM
T
his proceeding arises out of an application for reinstatement to the practice
of law filed by petitioner, Richard C. Oustalet, Jr., a suspended attorney.
UNDE
RLYING FACTS AND PROCEDURAL HISTORY
On May 20 , 2019, we accepted a joint petition for consent discipline and
suspended petitioner from the practice of law for two years. In re: Oustalet, 19 -
0486 (La. 5/20/19), 271 So. 3d 194. The record of the matter reflects that petitioner
neglected his clients’ legal matters, failed to communicate with them, relocated and
accepted a position as an attorney with the State without giving notice to his clients,
continued representing clients while employed with the State, and failed to return
unearned fees and client files upon request.
On July 19, 2021, 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 September
20, 2021, the O ffice of D isciplinary Counsel (“ODC”) filed an objection to
petitioner’s reinstatement. The matter was then referred for a formal hearing before
a hearing committee. Prior to the hearing, the parties filed joint stipulations of fact
addressing some of the issues cited by the ODC in its objection.
Following the hearing, the hearing committee issued its report. The
committee recommended petitioner be reinstated to the practice of law, subject to a
06/08/22

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two-year period of supervised probation. The committee also recommended a
limitation upon petitioner’s law practice. The ODC objected to the committee’ s
report and recommendation, and petitioner urged that the recommended limitation
upon his practice not be adopted . 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, subject to a two -year period of probation governed by the following
conditions:
1. Within sixty days of the effective date of reinstatement, petitioner shall
present proof to ODC that he is current with the filing of all state and federal
tax returns and with payment of all state and federal taxes owed through tax
year 2020;
2. Within one year of the effective date of reinstatement, petitioner shall
complete the Louisiana State Bar Association’s Ethics School in addition to
the mandatory continuing legal education hours required to be completed by
all lawyers;
3. Within one year of the effective date of reinstatement, petitioner shall attend
six hours of continuing legal education in the area of law office management
in addition to the mandatory continuing legal education hours required to be
completed by all lawyers; and
4. Should petitioner fail to comply with the conditions of probation, or should
he commit any misconduct prior to the termination of the probationary period,
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.

3

Neither petitioner nor the ODC objected to the discip linary board’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 reinstated to the practice of law on a
conditional basis. Accordingly, we will order that petitioner be reinstated to the
practice of law, subject to a two-year period of probation governed by the conditions
recommended by the disciplinary board.

DECREE
Upon review of the recommendations of the hearing commit tee and the
disciplinary board, there being no objection filed herein by the ODC and considering
the record, it is ordered that Richard C. Oustalet, Jr. , Louisiana Bar Roll number
27599, be immediately reinstated to the practice of law in Louisiana, subjec t 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.