IN RE: DAVID A. CAPASSO (2022)

Joint petition for consent discipline accepted. See per curiam.

JLW

SJC

JTG

WJC

JBM

Supreme Court of Louisiana November 22, 2022

11/22/2022

SUPREME COURT OF LOUISIANA

NO. 2022-B-1237

IN RE: DAVID A. CAPASSO

ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent mishandled his client trust account. He subsequently failed to cooperate with the ODC in its investigation. Prior to the filing of formal charges, 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 David A. Capasso, Louisiana Bar Roll number 24990, be and he hereby is suspended from the practice of law for a period of one year and one day. All but thirty days of this suspension shall be deferred, subject to respondent's successful completion of a two-year period of probation and attendance at the Louisiana State Bar Association's Trust Accounting School. 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 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.

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.

Hughes, J., dissents and would impose a lesser sanction. Griffin, J., dissents and would impose a lesser sanction.