Delays in Disciplinary Proceedings as a Mitigating Factor in Attorney Discipline
The Louisiana Supreme Court’s recent decision in In re: Magee, 23-0364 (La. 1/19/24), underscores the impact of delays in disciplinary proceedings as a mitigating factor in determining sanctions. In this case, the respondent was charged with the unauthorized practice of law after directing a legal assistant to send a settlement counteroffer post-suspension. While the Court found clear evidence of misconduct, it imposed a public reprimand rather than a suspension, citing the Office of Disciplinary Counsel’s (ODC) “considerable delay” in instituting charges as a significant mitigating factor.
The ODC became aware of the respondent’s actions in early 2019 but did not file formal charges until August 2021. This delay, which coincided with the respondent’s application for reinstatement from an earlier suspension, prejudiced the respondent by delaying his ability to re-enter the profession. The Court emphasized that while some delay is inherent in the disciplinary process, delays that result in prejudice to the respondent warrant mitigation. This decision serves as a reminder of the importance of timely disciplinary action to ensure fairness and uphold the integrity of the legal profession.
