Opinion
NO. 2020-OB-0315
04-27-2020
IN RE: P. Michael Doherty BREEDEN, III
ORDER
The Office of Disciplinary Counsel ("ODC") filed formal charges against respondent, alleging that he violated Rules 1.1, 1.2(a), 1.3, 1.4, 1.15(a), 8.1(a), 8.1(c), 8.4(a), 8.4(c), and 8.4(d) of the Rules of Professional Conduct. In addition, the ODC is conducting an investigation into a new complaint filed against respondent. Respondent now seeks to permanently resign from the practice of law in lieu of discipline. The ODC has concurred in respondent's petition.
Having considered the Petition for Permanent Resignation from the Practice of Law filed by P. Michael Doherty Breeden, III, Louisiana Bar Roll number 29541, and the concurrence thereto filed by the ODC,
IT IS ORDERED that the request of P. Michael Doherty Breeden, III for permanent resignation in lieu of discipline be and is hereby granted, pursuant to Supreme Court Rule XIX, § 20.1 and Rule 5.5 of the Rules of Professional Conduct.
IT IS FURTHER ORDERED that P. Michael Doherty Breeden, III shall be permanently prohibited from practicing law in Louisiana or in any other jurisdiction in which he is admitted to the practice of law; shall be permanently prohibited from seeking readmission to the practice of law in this state or in any other jurisdiction in which he is admitted; and shall be permanently prohibited from seeking admission to the practice of law in any jurisdiction.
NEW ORLEANS, LOUISIANA, this _____ day of ____________________, 2020.
FOR THE COURT:
/s/ ____________________
Crichton, J., additionally concurs for the reasons assigned by Justice Crain.
Crain, J., concurs and assigns reasons.
Attorney Disciplinary Proceeding
CRAIN, J., concurs and assigns reasons.
I agree the petition for permanent resignation from the practice of law should be accepted, as the conditions of La. Supreme Court Rule XIX, § 20.1 are satisfied. I write to note the allegations against respondent include converting funds from clients and third parties, and respondent's permanent resignation should not exonerate him from restitution. In these type cases, I encourage the Office of Disciplinary Counsel to negotiate terms of restitution with respondents or to notify victims of their rights, including the right to file suit for civil conversion or malpractice, or to pursue criminal charges. The Rules of Professional Conduct exist, in part, to protect the public from unethical lawyers. Without in any way diminishing the significance of permanent resignation, we must remain mindful of the victims.