On Tuesday, November 15, 2022, the Louisiana Attorney Discipline Board recommended to the Louisiana Supreme Court the suspension of New Orleans Attorney Edward J. McCloskey.

The case, titled In Re: Edward J. McCloskey was brought by the Office of Disciplinary Counsel. Case #21-DB-046.

The cited charges were Louisiana Rules of Professional Conduct: Rules1.15(a) (safekeeping property) and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

The rules of professional conduct can be found here.

The following are as alleged and summarized from the Formal Charges:

The Formal Charges alleged Respondent of having been the subject of an investigation by the Office of Disciplinary Counsel (“ODC”) stemming from an overdraft notice from Capital Bank, related to Mr. McCloskey’s trust account. According to the notice, there were four checks returned for insufficient funds. It was also alleged that Mr. McCloskey did not provide all the requested documents as part of ODC’s investigation. It was further alleged that Mr. McCloskey misused his trust account and converted client funds,

The filing states that:

“Respondent admitted that the four checks referenced in the formal charges were returned for insufficient funds. He denied that he intentionally misused his trust account by collecting funds from the clerk of court owed to his clients and converting that money to his personal use and that he intentionally misused his trust account by making disbursements from the trust account in excess of the associated client balance. He asserted that any misconduct was the result of negligence. Respondent also denied that he intentionally failed to provide all requested documents but admitted that he provided all documents that he believed to be responsive to ODC’s request.”

The Hearing Committee concluded that McCloskey violated Rules 1.15(a) and 8.4(c) as charged and that Respondent in a knowing manner and recommended Respondent be suspended from the practice of law for a period of two (2) years, with all but six (6) months deferred.

The ODC objected to the Hearing Committee’s Report as to the Committee’s sanction recommendation, asserting that the recommended sanction was too lenient.

The Respondent, on the other hand, supported the Committee’s recommendation.

With the foregoing facts and discussions, the Louisiana Attorney Disciplinary Board ruled against McCloskey in relation to the above-cited Rules of Professional Conduct and recommends to the Louisiana Supreme Court that McCloskey be suspended from the practice of law for two years, with all but one year deferred, subject to conditions as stated in its Report.

The Board also recommended that all costs and expenses of the proceedings be assessed to McCloskey.

Prior to this suspension, Mr. Edward J. McCloskey served in New Orleans, Louisiana. He received his J.D. from Tulane University in 1971. He is the owner of the Law Office of Edward J. McCloskey. McCloskey has been licensed in Louisiana, license no. 09152.

A copy of the original filing can be found here.