Opinion
NO. 2020-BA-0159
11-18-2020
IN RE: COMMITTEE ON BAR ADMISSIONS CFN-811
IN RE: Confidential Party - Applicant Other; Petition to sit for the Louisiana Bar; Petition to take bar exam denied. See order.
BJJ
JLW
SJC
JTG
JHB
Hughes, J., would grant permission to take bar exam.
Crain, J., would grant petition, conditional upon referral to committee on character and fitness upon passing bar. Supreme Court of Louisiana
November 18, 2020 /s/_________
Clerk of Court
For the Court BAR ADMISSIONS PROCEEDING PER CURIAM
Petitioner applied to take the February 2020 bar examination. The Committee on Bar Admissions ("Committee") denied petitioner's application, citing his commission of acts constituting the unauthorized practice of law.
Petitioner applied to this court, seeking permission to take the bar exam. We denied the application and remanded this matter to the Committee on Bar Admissions Panel on Character and Fitness to conduct an investigation and appointed a commissioner to take character and fitness evidence. Our order provided that upon receipt of the commissioner's report addressing his "specific findings with regard to the allegations against petitioner relating to the unauthorized practice of law," we would make a determination whether petitioner would be permitted to sit for a future bar examination.
The commissioner conducted a character and fitness hearing pursuant to Supreme Court Rule XVII, § 9(D). At the conclusion of the hearing, the commissioner filed his report with this court, finding that although petitioner is not a lawyer in any jurisdiction, he nevertheless incorporated a law office; leased office space for the firm; published advertisements and established a website for the firm; opened a checking account in the name of the firm; and used the checking account for business purposes. The commissioner concluded that these facts conclusively establish that petitioner held himself out to be a lawyer and conveyed the impression to the public that he is licensed to practice law, in violation of La. R.S. 37:213. Based on these findings, the commissioner recommended that petitioner not be admitted to the bar. Neither party objected to this recommendation.
Considering the commissioner's recommendation and the entire record of this proceeding, we find that petitioner engaged in the unauthorized practice of law. We further find that, at this time, petitioner has failed to meet his burden of proving that he has "good moral character" to be admitted to the Louisiana State Bar Association. See Supreme Court Rule XVII, § 5(D). Accordingly, it is ordered that the application by petitioner seeking permission to sit for the Louisiana Bar Examination be and hereby is denied. In accordance with Supreme Court Rule XVII, § 9(D)(13), petitioner may not re-apply to sit for the bar examination until two years has passed from the date of this judgment.