Opinion
No. 20-CC-0818
11-18-2020
PRECEPT CREDIT OPPORTUNITIES FUND LP v. TERINA L. WALKER, ET AL.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS CIVIL Crichton, J., additionally concurs and assigns reasons.
I agree with the per curiam. Despite the "agreement" between the parties, as found by the trial court and detailed in the per curiam, plaintiff's new counsel moved for a default judgment without notice to defendant, which constitutes "ill practices" and is a basis for nullification of judgment. La. C.C.P. art. 2004; Russell v. Ill. Central Gulf R.R., 96-2649 (La. 1/10/97), 686 So. 2d 817. In my view, seeking a default judgment without notice may, depending upon the facts, constitute violations of the Rules of Professional Conduct, including, inter alia, Rule 3.3(a) (candor toward the tribunal); Rule 3.4 (fairness to opposing party and counsel); and Rule 8.4(d) (conduct prejudicial to the administration of justice).