IN RE: SONYA ELOYACE HALL (2023)

Joint motion for revocation of probation granted. See per curiam.

JDH

JLW

SJC

JTG

WJC

JBM

PDG

Supreme Court of Louisiana September 26, 2023

09/26/23

SUPREME COURT OF LOUISIANA

NO. 2023-B-1081

IN RE: SONYA ELOYACE HALL

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM

This disciplinary matter arises from a motion for revocation of probation filed jointly by the Office of Disciplinary Counsel (“ODC”) and respondent, Sonya Eloyace Hall, based upon respondent's violation of the conditions of her probation imposed in In re: Hall, 21-1389 (La. 12/21/21), 329 So. 3d 281 (“Hall I”).

UNDERLYING FACTS AND PROCEDURAL HISTORY

The record in Hall I established that respondent mishandled her client trust account and failed to cooperate with the ODC's investigation. Following the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline, proposing that respondent be suspended from the practice of law for one year and one day, with all but thirty days deferred, followed by a two-year period of probation with conditions. The court accepted the petition for consent discipline on December 21, 2021. The court's opinion specifically provided that “[a]ny failure of respondent to comply with the conditions 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.”

Respondent was reinstated to the practice of law effective January 24, 2022. She and the ODC executed a two-year probation agreement on February 7, 2022. The probation agreement provided, in pertinent part, that respondent shall:

1. Promptly respond to all requests by and make herself reasonably available for conferences with the Office of Disciplinary Counsel (“ODC”);

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6. On a quarterly basis (periods ending March 31st, June 30th, September 30th, and December 31st) and at her expense, submit her client trust account to audits by an Office of Disciplinary Counsel approved accountant and provide the ODC with written audit reports and supporting documentation in a form and manner approved by the ODC no later than 5:00 p.m. on April 30th, July 30th, October 30th, and January 30th;

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7. Attend an additional twelve (12) hours of continuing legal education over the course of the two-year probationary period, with six (6) hours in the first year of probation and six (6) hours in the second year of probation. All twelve (12) hours must have an emphasis on proper accounting practices, small firm practice, law office management, and/or ethics. These hours are in addition to the standard 12.5 hours of annual, mandatory continuing legal education; [and]

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9. Acknowledge that any violation of the Rules of Professional Conduct and/or this Probation Agreement may result in summary revocation of her probation and making the deferred suspension executory and/or may result in the imposition of additional discipline as appropriate.

On August 4, 2023, the parties filed the instant joint motion. In the motion, the parties stipulate that respondent is not in compliance with paragraphs one and six of the probation agreement because the documentation she submitted with her trust account audits for the periods ending March 31, 2022 and June 30, 2022 was insufficient or nonresponsive. Respondent did not respond to the ODC's efforts to obtain the required documentation. Furthermore, respondent failed to provide trust account audits for the periods ending September 30, 2022, December 31, 2022, March 31, 2023, and June 30, 2023.

The parties further stipulate that respondent is not in compliance with paragraphs one and seven of the probation agreement because respondent failed to assist the ODC in accessing her continuing legal education transcript through a faulty link respondent provided. When the ODC independently obtained respondent's continuing legal education transcript for 2022 from the Louisiana State Bar Association, it showed that respondent failed to attend the additional six hours in courses “with an emphasis on proper accounting practices, small firm practice, law office management, and/or ethics.”

Under these circumstances, the parties agree that respondent has failed to comply with the terms of her probation. Accordingly, they ask the court to revoke her probation and make the previously-deferred portion of the one year and one day suspension imposed in Hall I executory, which will require respondent to apply for reinstatement to the practice of law pursuant to Supreme Court Rule XIX, § 24.

DISCUSSION

Respondent recognizes that she has violated several conditions of her probation. She has, therefore, consented to having her probation revoked and having the previously-deferred portion of the one year and one day suspension imposed in Hall I made executory.

Therefore, we will revoke respondent's probation and make the previously-deferred portion of the one year and one day suspension imposed in Hall I executory.

DECREE

For the reasons assigned, respondent's probation is revoked and the previously-deferred portion of the one year and one day suspension imposed in In re: Hall, 21-1389 (La. 12/21/21), 329 So. 3d 281, is hereby made immediately executory. All costs and expenses in the matter are assessed against respondent, Sonya Eloyance Hall, Louisiana Bar Roll number 25323, 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.