Opinion
No. 2023-B-01201
11-21-2023
IN RE: W. Brett CAIN
Griffin, J., dissents and would reject the proposed discipline as too harsh.
Joint Petition for Consent Discipline.
1Joint petition for consent discipline accepted. See per curiam.
Griffin, J., dissents and would reject the proposed discipline as too harsh.
ATTORNEY DISCIPLINARY PROCEEDING
PER CURIAM
1The Office of Disciplinary Counsel ("ODC") commenced an investigation into allegations that respondent caused an automobile accident, resulting in serious injury, left the scene, and was arrested for hit and run. Following the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline in which respondent admitted that he violated Rules 8.4(a) and 8.4(b) of the Rules of Professional Conduct. Having reviewed the petition,
IT IS ORDERED that the Petition for Consent Discipline be accepted and that W. Brett Cain, Louisiana Bar Roll number 25997, be suspended from the practice of law for a period of one year and one day, with all but thirty days deferred. Follow- ing the active portion of the suspension, respondent shall be placed on probation for two years, subject to the condition set forth in the Petition for Consent Discipline. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the condition of probation, or any misconduct during the probationary period, may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate.
IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.