IN RE: Appeal of Decision of the Disciplinary Board No. 16–PDB–049 (2017)

IN RE: Appeal of Decision of the Disciplinary Board No. 16–PDB–049

NO. 2016–OB–1933

Decided: January 09, 2017

ORDER

Based on our review of the record, we find the disciplinary board was arbitrary and capricious in dismissing the complaint. This court's opinion in In re: Bilbe, 02–1740 (La. 2/7/03), 841 So.2d 729, is limited to the unique facts presented and does not stand for the blanket proposition that an attorney's failure to pay litigation-related expenses can never constitute conduct prejudicial to the administration of justice. Accordingly, pursuant to Supreme Court Rule XIX, § 11(B), this matter is remanded to the Office of Disciplinary Counsel to conduct further investigation and to institute formal charges, if appropriate.

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