September 2020 Discipline

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These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of September 2020.

Louisiana Supreme Court

  1. Cynthia Ann Sternberg. The court granted the respondent’s Petition for Transfer to Active Status.
  2. William C. Gore. The court granted the respondent’s Petition for Interim Suspension.
  3. Lynden James Burton. The court reinstated the respondent to the practice of law. In 2017 the respondent pleaded guilty to one misdemeanor count of failure to file a tax return and admitted to acts which constituted the felony crimes of tax evasion and filing false tax returns.
  4. Justin Alsterberg. The court accepted the respondent’s Petition for Consent Discipline and suspended the respondent for six months. The respondent mishandled his client trust account and failed to supervise a non-lawyer employee. In so doing, the respondent violated Rules 1.15(a)(f) and 5.3.
  5. Timothy French Upton. The court accepted a joint ODC-respondent petition for consent discipline and suspended the respondent for one year and one day. The respondent tested positive for the use of drugs while under monitoring by the Judges and Lawyers Assistance Program following his arrest on drug possession charges. The respondent’s behavior violated Rules 8.4(a) and 8.4(b).
  6. Denis Collins Swords. The court suspended the respondent for one year and one day. The respondent practiced law while ineligible to do so. In so doing, the respondent violated Rules 1.1(c), 5.5(a), and 8.4(a).
  7. Joseph A. Kott. The court granted the respondent’s request for permanent resignation. The respondent was the subject of pending formal charges arising out of his 2014 arrest on charges of DWI, resisting an officer, and careless operation of a motor vehicle. In addition, the Office of Disciplinary Counsel (“ODC”) was conducting an investigation of respondent’s recent conviction of one count each of resisting a police officer with force or violence and battery of a police officer, both felonies, and one count of simple criminal trespass, a misdemeanor, all in connection with a 2018 arrest.
  8. Peter Brian Derouen. The court permanently disbarred the respondent. Among other misconduct, the respondent failed to communicate with clients, practiced law while ineligible to do so, and withheld client funds. In so doing, the respondent violated Rules 1.3, 1.4, 1.5(a), 1.5(f)(5), 5.5(a), 8.1(c), 8.4(a), 8.4(b), 8.4(c), and 8.4(d).
  9. Sandra B. Groome. The court accepted the a joint ODC-respondent petition for consent discipline and suspended the respondent for one year and one day. The respondent was arrested for driving under the influence of alcohol.
  10. Samuel Christopher D’Aquilla. The court accepted the a joint petition for consent discipline and publicly reprimanded the respondent. The respondent engaged in conduct constituting a conflict of interest.

Louisiana Attorney Disciplinary Board

  1. Clarence T. Nalls, Jr. The board recommended that the court permanently disbar the respondent. The respondent practiced law while ineligible to do so. In so doing, the respondent violated Rules 5.5(a), 8.4(a), and 8.4(c).
  2. Mark G. Simmons. The board recommended that the court suspend the respondent for two years. The respondent practiced law while ineligible to do so. In so doing, the respondent violated rules 5.5(A) and 8.4(a).
  3. Amy Elizabeth Bateman. The board recommended that the court suspend the respondent for one year and one day. The respondent knowingly operated a motor vehicle while under the influence of alcohol and knowingly made false statements to a law enforcement officer investigating the incident. The respondent’s behavior violated Rules 8.4(a), 8.4(b), and 8.4(c).

LADB Hearing Committee

  1. Lane N. Bennett. Hearing Committee #40 recommended that the court disbar the respondent. The respondent engaged in conduct that business transactions with clients while laboring under a conflict of interest. In so doing, the respondent violated Rules 1.7(a), 1.8(a), 8.4(a), 8.4(b), and 8.4(c).
  2. Michelle Andrica Charles. Hearing Committee #55 recommended that the court suspend the respondent for nine months. Among other violations, the respondent, a former judge, filed a Notice of Candidacy swearing that she had filed her state and federal tax returns for each of the previous five years, when in fact she had failed to file a state return for 2015. In so doing, the respondent violated Rules 1.3, 1.4(a), 3.3(a)(l), 8.4(a) and (c).
  3. Suzan E. Jackson. Hearing Committee #24 recommended that the court suspend the respondent for one year and one day. The respondent overdrew her client trust account and failed to cooperate with the ODC’s investigation. In so doing, the respondent violated Rules 1.15(a) and 8.1(c).

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