IN RE: Carol S. HUNTER (2022)

Joint petition for consent discipline accepted. See per curiam.

ATTORNEY DISCIPLINARY PROCEEDING

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent notarized a will that was executed by the testator outside of the presence of the witnesses. Respondent and the ODC submitted a joint petition for consent discipline in which respondent admitted that her conduct violated Rules 8.4(a), 8.4(c), and 8.4(d) of the Rules of Professional Conduct. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Carol S. Hunter, Louisiana Bar Roll number 7064, be suspended from the practice of law for a period of six months. This suspension shall be deferred in its entirety, subject to a one-year period of unsupervised probation and respondent's attendance at the Louisiana State Bar Association's Ethics 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 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.

I dissent for two reasons. First, I believe that the issues of discipline and malpractice have been inappropriately conflated. Respondent's actions would more appropriately be addressed in the context of a malpractice action than in a disciplinary proceeding. Second, in my view, the discipline imposed is unduly harsh under the circumstances of this case. Respondent has not had any prior disciplinary complaints in 45 years of practicing law; this is her first mistake. While the parties have agreed to the discipline pursuant to a joint petition, I would impose a less severe sanction.

Crain, J., dissents for reasons assigned by Justice McCallum. McCallum, J., dissents and assigns reasons.