In the recent disciplinary matter In re: Sonnier, 395 So. 3d 850 (La. 10/25/24), the Louisiana Supreme Court highlighted an important clarification regarding Rule 8.1(c) of the Louisiana Rules of Professional Conduct. This rule requires lawyers to cooperate with disciplinary investigations by the Office of Disciplinary Counsel (ODC). Notably, the Court reiterated that Rule 8.1(c) does not include a “knowing” component, meaning a violation can occur through negligence rather than intentional misconduct.
This distinction was significant in one of the charges against the respondent, where the disciplinary board initially declined to find a Rule 8.1(c) violation due to uncertainty about whether the respondent personally received notice of the complaints. The Court disagreed, emphasizing that abandoning clients and failing to respond to notices constitutes negligent noncompliance with Rule 8.1(c). The ruling underscores the legal profession’s high standards of accountability, requiring lawyers to remain accessible and responsive to disciplinary authorities, regardless of intent.
For practitioners, this decision serves as a critical reminder: failing to engage with the disciplinary process, even unintentionally, can result in severe consequences. Adhering to procedural responsibilities is not optional—it is a cornerstone of ethical legal practice.
