IN RE: Scott Michael EMONET (2020)

Joint petition for consent discipline accepted. See per curiam.

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent negligently mishandled his client trust account. Respondent and the ODC then submitted a joint petition for consent discipline. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Scott Michael Emonet, Louisiana Bar Roll number 26630, be publicly reprimanded.

IT IS FURTHER ORDERED that respondent shall be placed on unsupervised probation for a period of one year, subject to the conditions set forth in the petition for consent discipline.

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.

Louisiana Supreme Court Rule XIX, § 10 (A) provides that this Court may impose the following sanctions for attorney misconduct: disbarment, suspension, probation, or reprimand. In this matter, respondent and the Office of Disciplinary Counsel have filed a joint petition for consent discipline, indicating respondent has agreed to a public reprimand for negligent mishandling of a client trust account. Although this Court has not historically rejected petitions for joint discipline as imposing too harsh a sanction, it has sometimes accepted sanctions which could arguably be considered as too harsh because the parties have jointly agreed to the sanction. In re: Hernandez, 00-1283 (La. 10/6/00), 770 So.2d 330, 331 at n. 4, citing In re: Estess, 98-2741 (La. 1/8/99), 740 So.2d 93 (Calogero, C.J., concurring). In my view, the misconduct in this matter does not warrant the sanction imposed, as this was an isolated mistake and one which respondent promptly addressed with astute corrective measures. However, because this Court may not unilaterally modify the sanction proposed in a joint petition for consent discipline, I reluctantly accept the joint petition for a public reprimand, although a sanction of private admonishment is more fitting of these circumstances.