Opinion
No. 2022-B-01039
09-07-2022
IN RE: Zachary Ryan MOFFETT
Joint petition for consent discipline accepted. See per curiam.
Crichton, J., additionally concurs and assigns reasons.
ATTORNEY DISCIPLINARY PROCEEDING
PER CURIAM
The Office of Disciplinary Counsel ("ODC") commenced an investigation into allegations that respondent neglected legal matters, failed to communicate with clients, failed to refund unearned fees, failed to return file materials to a client, and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. This misconduct occurred in the same general time frame as the misconduct forming the basis of respondent's earlier disciplinary matter, wherein he was disbarred. Respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition,
IT IS ORDERED that the Petition for Consent Discipline be accepted and that Zachary Ryan Moffett, Louisiana Bar Roll number 35526, be adjudged guilty of additional violations which warrant discipline and which may be considered in the event he applies for readmission from his disbarment in In re: Moffett , 21-1058 (La. 10/19/21), 326 So. 3d 248, after becoming eligible to do so.
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.
CRICHTON, J., additionally concurs and assigns reasons:
As I stated previously in this matter, respondent blatantly disregarded and violated the Rules of Professional Conduct in converting approximately $130,000 in client funds. See In re Moffett , 21-1058 (La. 10/19/21), 326 So.3d 248 (Crichton, J., concurring, stating that "[a] lawyer who, by virtue of his fiduciary relationship with clients, so blatantly violates the Rules of Professional Conduct and commits the tort of conversion or the crime of felony theft as did the respondent here, shall be subject to proceedings in the lawyer disciplinary system and this Court, as well as in potential civil and criminal proceedings, with the hope that a full measure of justice be achieved. In re: Christine Y. Voelkel , 21-0575 (La. 10/12/21), 325 So.3d 1056."). In submitting the instant joint petition for consent discipline, respondent admits to additional violations of the Rules of Professional Conduct, including neglecting legal matters, failing to return an unearned fee, and engaging in dishonesty, fraud and deceit. Although respondent is presently disbarred, these additional violations will no doubt be considered if he chooses to apply for readmission to the bar. In my view, respondent has massive obstacles to overcome, including restitution of converted funds, should he ever seek to be readmitted to the practice of law in the State of Louisiana.