June 2015 Discipline

These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of June 2015.

Louisiana Supreme Court

1. David W. Oestreicher, II. The court ordered that the formal charges against the respondent be dismissed for the reasons articulated by the LADB. The board concluded that the formal charges against the respondent should be dismissed because, although the respondent failed to limit a legal secretary’s on-line access to his client trust account, his actions were purely negligent and did not result in any client harm.
2. Richard Brown Scandrett, III. The court ordered that the respondent be permitted to voluntarily relinquish his conditional right to practice law in the State of Louisiana, and ordered that he may not reapply for admission until he can demonstrate at least a one-year period of sobriety and compliance with the terms and conditions of a contract with the Lawyers Assistance Program.
3. David G. Arceneaux. The court ordered that the respondent be transferred to disability inactive status, and ordered that all disciplinary proceedings be deferred until he resumes active status.
4. Melvin N. Cade. The court ordered that the respondent be suspended from the practice of law for a year and a day, six months deferred. The respondent neglected a legal matter and failed to communicate with a client.
5. Joyce Nanine McCool. The court ordered that the respondent be disbarred. The respondent used the internet, blog posts, an online petition, and social media to spread information—some of which was false, misleading, and inflammatory—about two judges presiding over family-law cases in which she was a litigant.
6. Thomas C. McBride. The court accepted the respondent’s petition for consent discipline, and publicly reprimanded him. The respondent acknowledged that he failed to make reasonable efforts to ensure that other lawyers in his law firm conformed their conduct to the Rules of Professional Conduct, in violation of Rule 5.1(a) of the Rules of Professional Conduct.
7. Donna Unkel Grodner.  The court accepted the respondent’s petition for consent discipline, and suspended her from the practice of law for sixty days. The respondent acknowledged that she made affirmative misrepresentations to a federal court while serving as counsel in a civil action, in violation of Rules 3.3, 3.4, 4.1, and 8.4(c) of the Louisiana Rules of Professional Conduct.
8. Frank J. Ferrara, Jr.  The court accepted the respondent’s petition for consent discipline, and ordered that the respondent be adjudged guilty of additional violations which warrant discipline and which may be considered in the event he applies for reinstatement from his suspension. ODC had commenced an investigation into allegations that respondent promised or guaranteed a particular result or outcome of a representation.
9. Alan John Abadie. The court granted the respondent’s request for permanent resignation in lieu of discipline. In September 2013, the respondent pleaded no contest to felony child endangerment in proceedings in Los Angeles, California.

Louisiana Attorney Disciplinary Board

1. Scott Robert Hymel. The board recommended that the respondent be suspended from the practice of law for eighteen months. The board found that the respondent failed to act with reasonable diligence and promptness while representing a client, failed to communicate with his client, failed to refund an unearned portion of his fee, failed to return his client’s file upon the termination of his representation, and failed to cooperate with the ODC.
2. Douglas Kent Hall. The board recommended that the respondent be disbarred. The board found that the respondent practiced law during a period of ineligibility, failed to refund an unearned fee, failed to diligently represent a client, and failed to cooperate with the ODC in its investigation.

Louisiana Attorney Disciplinary Board Hearing Committees

1. Jalila Eshe Bullock. Hearing Committee No. 10 recommended that the respondent be suspended from the practice of law for a year and a day. The committee found that she failed to communicate with a client, failed to return a client’s file, attempted to conceal her malpractice from the client, and failed to act diligently by allowing a client’s claim to prescribe.
2. David H. Bernstein. Hearing Committee No. 33 recommended that the petitioner be readmitted to the practice of law. The Louisiana Supreme Court disbarred Mr. Bernstein in 2007 for misappropriating funds from two law firms. The committee found that Mr. Bernstein established by clear and convincing evidence that he now has the requisite honesty and integrity to return to the practice the law.