Opinion
No. 2020-OB-01241
12-22-2020
IN RE: Fred A. BLANCHE, III
Conditional reinstatement granted. See per curiam.
ON APPLICATION FOR REINSTATEMENT
PER CURIAM
This proceeding arises out of an application for reinstatement to the practice of law filed by petitioner, Fred A. Blanche, III, a suspended attorney.
UNDERLYING FACTS AND PROCEDURAL HISTORY
In 2010, we considered a formal charge matter in which we found petitioner had knowingly disregarded his obligations in numerous bankruptcy cases. We also found petitioner had intentionally practiced law after his suspension in bankruptcy court, intentionally failed to deposit a bankruptcy client's personal injury settlement funds into a trust account, and intentionally failed to cooperate with the Office of Disciplinary Counsel ("ODC") in its investigation. For this knowing and intentional misconduct, which caused actual harm, we suspended petitioner from the practice of law for three years, retroactive to February 13, 2008, the date of his interim suspension. We also ordered petitioner to make full restitution of the fee he charged in one of the bankruptcy cases. In re: Blanche , 10-1132 (La. 9/24/10), 44 So. 3d 263.
On November 8, 2019, petitioner filed the instant application for reinstatement to the practice of law in Louisiana, asserting that he has complied with the reinstatement criteria set forth in Supreme Court Rule XIX, § 24(E). On January 6, 2020, the ODC filed its response to petitioner's application for reinstatement, taking no position regarding the matter. The matter was then referred for a formal hearing before a hearing committee.
Following the hearing, the hearing committee recommended petitioner be reinstated to the practice of law on a conditional basis for five years, subject to certain conditions. Petitioner filed an objection to two of the conditions recommended by the committee, and accordingly, the matter was reviewed by the disciplinary board pursuant to Supreme Court Rule XIX, § 24(H)(2).
After review, the board recommended petitioner be reinstated to the practice of law on a conditional basis for five years, subject to the following conditions:
1. Petitioner shall be placed on supervised probation for a period of five years to be monitored by an attorney who has been licensed and practicing in Louisiana for at least ten years;
2. During the probationary period, petitioner shall complete 12.5 hours of MCLE annually, including taking the required one hour of ethics and one hour of professionalism; and
3. Should petitioner fail to comply with these conditions, or should he commit any misconduct during the probationary period, his conditional right to practice may be terminated immediately or he may be subjected to other discipline pursuant to Supreme Court Rule XIX, as appropriate.
Neither petitioner nor the ODC objected to the disciplinary board's recommendation.
DISCUSSION
After considering the record in its entirety, we find petitioner has met his burden of proving that he is entitled to be reinstated to the practice of law on a conditional basis. Accordingly, we will order that petitioner be reinstated to the practice of law, subject to a five-year period of supervised probation governed by all of the conditions recommended by the disciplinary board.
DECREE
Upon review of the recommendations of the hearing committee and the disciplinary board, and considering the record, it is ordered that Fred A. Blanche, III, Louisiana Bar Roll number 3114, be immediately reinstated to the practice of law in Louisiana, subject to a five-year period of supervised probation governed by the conditions set forth herein. The probationary period shall commence from the date petitioner, the ODC, and the probation monitor execute a formal probation plan. Should petitioner fail to comply with the conditions of probation, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated immediately, or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement, as appropriate. All costs of these proceedings are assessed against petitioner.