On Friday, November 3, 2023, the Louisiana Attorney Disciplinary Board found that attorney Kenneth M. Plaisance violated professional conduct rules and recommended her suspension stemming from his representation of clients in a 2017 personal injury lawsuit.

The case is entitled “In the Matter of Kenneth M. Plaisance,” with case no. 21-DB-066.

The charges cited Louisiana Rules of Professional Conduct 1.4, 1.7(a), 3.1, and 8.4(d) which states:

Failure to communicate the existence of an un-waivable conflict of interest in his representation.

A lawyer shall not represent a client if the presentation involves a concurrent conflict of interest

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of existing law.

It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.

A copy of the original filing can be found here.

According to the board’s report, Plaisance undertook a concurrent conflict of interest when he jointly represented two personal injury claimants, Larry Taylor, an adult, and Lawan Roussel, a minor, after a June 15, 2017 car accident. Taylor was driving the vehicle that injured Roussel, raising potential comparative negligence issues. However, it was alleged that Plaisance failed to disclose this conflict to his clients.

On July 27, 2017, Plaisance settled Roussel’s claim against Taylor’s insurer for the policy limit but continued jointly representing both sides. He later filed a lawsuit listing Taylor and Roussel as co-plaintiffs without asserting any claims of Taylor’s fault. Other attorneys advised Plaisance in late 2017 and early 2018 that he could not represent both parties due to the un-waivable conflict.

In June 2018, Roussel was represented solely by new counsel in a lawsuit. Plaisance still had not withdrawn from jointly representing Taylor. Two months later, Plaisance attempted to intervene in the case seeking attorney’s fees, despite being found ineligible due to the conflict. He also filed an unsuccessful appeal.

A disciplinary hearing was held on May 11, 2022, but Plaisance did not appear or participate. On December 9, 2022, the committee found Plaisance violated professional conduct rules and recommended a two-year suspension with one year deferred. Plaisance objected to the findings.

On April 20, 2023, the disciplinary board affirmed the rule violations and sanction. Citing Plaisance’s continuous non-participation, the Louisiana Attorney Disciplinary Board adopted the committee’s position that a suspension is necessary and recommended the same.

The recommendation states:

“Given the above, the Board recommends that Respondent be suspended from the practice of law for two years and one day, with one year of the suspension deferred. The Board also recommends that Respondent be assessed with all costs and expenses and these proceedings in accordance with Rule XIX, Section 10.1.”

According to avvo.com, Mr. Plaisance is a personal injury attorney in New Orleans, Louisiana. He attended the Southern University Law Center, graduating in 1988. He acquired his law license in Louisiana in 1989.

A copy of the original filing can be found here.