Oct 25, 2024
BATON ROUGE, La. (BRPROUD) — The Louisiana State Supreme Court ruled that a Louisiana attorney was suspended from practicing law for six months, with all but 60 days deferred. The Office of Disciplinary Counsel filed formal charges in May 2023 against Desha M. Gay, an attorney licensed to practice law in Louisiana. ODC stated that she violated provisions of the Rules of Professional Conduct, according to court documents. Following Gay's suspension, she will be placed on probation for one year with the condition that she attends and completes the Louisiana State Bar Association's Ethics School, according to court documents. The opinion was released on Friday, Oct. 25. From 2017 through 2022, Gay represented Felicia Picard in three separate legal cases, including a personal injury, a criminal and a family law matter. According to court documents, while Gay handled the personal injury matter, she provided Picard with considerable financial assistance but failed to get Picard's written consent to the terms and conditions under which such financial assistance was made. Four men face charges after Baton Rouge Police find drugs, gun and cash According to court documents, several payments to Picard were not supported by documentation. In the criminal case, Gay incorrectly paid $635 to a bail bondsman to get a bond for Picard. In the family law matter, Gay told Picard in 2019 that she filed a petition for divorce, but that was not true. According to the Supreme Court, in April 2022, the ODC received a disciplinary complaint filed by Picard. The ODC made several requests for a response to the complaint, and Gay filed an untimely response in July 2022. In addition, the ODC asked for additional information from Gay. She failed to offer it, which led to the issuing of a subpoena for her sworn statement in September 2022, according to court documents. During the sworn statement, the ODC would again ask for additional information from Gay, who guaranteed that the information was impending. She reportedly provided the ODC with a subsidiary response in February 2023, but the response was incomplete, and Gay didn't provide any further information. According to court documents, in May 2023, formal charges were served upon Gay via certified mail sent to her primary and secondary registration addresses. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now BRProud Daily News SIGN UP NOW According to court documents, Gay failed to answer the formal charges by an ordered date of June 28, 2023. Court documents stated, "The factual allegations contained therein were deemed admitted and proven by clear and convincing evidence." In July 2023, Gay filed a motion to recall the admitted order. The ODC opposed the motion to recall, according to court documents, and in August 2023, "The hearing committee denied respondent's motion to recall the deemed admitted order." No formal hearing took place. The disciplinary board later agreed with the committee that Gay had violated provisions of the Rules of Professional Conduct. They noted that financial assistance rule violations were negligent, but misrepresenting Picard and failure to respond to the ODC were intentional decisions. They said she harmed her client and the profession. The disciplinary board suggested a six-month suspension, which was fully deferred, with a one-year probation and Ethics School attendance. She was also to be assessed the costs of the proceedings. Gay objected, and it was scheduled on the Supreme Court docket. Gay and the ODC waived oral arguments, so the court decided the case on the written record. The justices determined that a fully suspended sentence, as recommended, was "too lenient in light of the knowing and intentional nature of respondent’s misconduct, and that an actual period of suspension is required." Latest News Israeli military launches strikes on military targets in Iran, officials say AP Decision Notes: What to expect in Louisiana on Election Day Leonardo DiCaprio backs Harris, says Trump 'continues to deny the facts' about climate change Louisiana State Supreme Court suspends attorney from practicing law for six months Is credit card debt settlement a good idea?
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