On Tuesday, September 6, 2022, the Louisiana Attorney Disciplinary Board ruled on charges for attorney discipline against Respondent Baton Rouge attorney Alton Bates II alleging neglecting a legal matter, failing to communicate with a client, mishandling the client’s trust account, and notarizing an affidavit outside the signatory’s presence.
The case, titled In RE: Alton Bates, II, was brought by the Office of Disciplinary Counsel (ODC). Case #21-DB-042.
The ODC cited Respondent’s violations of Rules 1.4, 1.5(c), 1.15(a), 1.15(d), and 8.4(c), of the Rules of Professional Conduct.
The charges relate to the Respondent’s neglect of Ms. Prelow’s case, and to his failure to maintain a reasonable level of communication regarding the status of her case. Respondent claimed Ms. Prelow agreed to settle her case for $300, however, Ms. Prelow denies agreeing to settle her case for $300. Thereafter, Respondent did not pay Ms. Prelow any money from the settlement of her case. Ms. Prelow upon reviewing the settlement check’s endorsement confirmed that the signature appearing on the said check was not hers. Moreover, Respondent did not deposit the settlement funds into the trust account and lastly, Respondent did not prepare a written settlement statement concerning the outcome of the matter.
The ODC asserted that Respondent should receive a suspension ranging from one year and one day to two years.
According to the filing:
“The hearing committee (“Committee”) concluded that Respondent violated Rules 1.4, 1.5(c), 1.15(a), 1.15(d), and 8.4(c) as charged. The Committee recommended that Respondent be suspended for one year and one day and that he be ordered to pay to Complainant any costs incurred by Complainant in the proceeding and $300.00 in restitution and to pay all costs of this proceeding. . .”
The Board adopted the Committee’s Findings of Fact and additional factual statements made. It also concurred with the Committee’s recommended sanction of a one-year and one-day suspension and payment of $300 in restitution to Ms. Prelow. The Board, additionally recommends that Respondent be assessed the costs and expenses of this proceeding. However, it does not recommend that Respondent pay to Complainant any costs she may have incurred in connection with this proceeding.
The dispositive portion of the Recommendation to the Louisiana Supreme Court reads:
“The Board recommends that Alton Bates II be suspended from the practice of law for one year and one day and that he be ordered to pay restitution in the amount of $300.00 to Ms. Prelow. The Board further recommends that Respondent be assessed with the costs and expenses of these proceedings in accordance with Louisiana Supreme Court Rule XIX, §10.1(A).”
Mr. Bates II attended Southern University Law Center receiving his Juris Doctor degree in 2000. He practices in Baton Rouge, Louisiana where his law firm, Law Offices of Alton “Tony” Bates II is located. He has been licensed in Louisiana, license # 27372. His info can be found on LinkedIn.
A copy of the original filing can be found here.
