On Thursday, September 22, 2022, the Louisiana Attorney Discipline Board ruled on charges for attorney discipline against Metairie attorney Robert B. Evans III. The ruling recommends that Respondent be permanently disbarred and Respondent be assessed with all costs and expenses of the proceedings.

The case, titled In Re: Robert B. Evans III, was brought by the Office of Disciplinary Counsel. Case #19-DB-013.

The charges cited Evans’ violation of Rules 3.3(a)(1), 5.5, 8.4(a), 8.4(c), and 8.4(d) of the Louisiana Rules of Professional Conduct, which provide:

A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.

A lawyer shall not practice law in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.

It is professional misconduct for a lawyer to violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

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

According to the filing:

“The formal charges allege that Respondent made multiple misrepresentations to a district court and others related to a district court and others related to his ex parte withdrawal of $207,394.48 in disputed funds from the registry of the court in a pending civil litigation matter. The charges also allege that Respondent filed an answer to the charges on September 24, 2019, admitting some of the factual allegations but denying any misconduct.”

The filing continues:

“The Committee issued its report on June 15, 2021, finding that Respondent had violated rules 3.3(a)(1), 5.5, 8.4(a), 8.4(c), and 8.4(d). Based upon these findings, the Committee recommended that Respondent be disbarred and assessed with all costs and expenses of these proceedings.”

The filing additionally notes:

“ODC filed an objection to the Committee’s report on June 29, 2021, arguing that the Committee erred in recommending that disbarment be imposed, instead of permanent disbarment. Respondent also filed an objection to the Committee’s report, maintaining that the Committee erred in finding that he violated Rules 3.3(a)(1), 5.5, 8.4(a), 8.4(c), and 8.4(d) and that the sanction of disbarment is too harsh. ODC filed its pre-argument brief on October 11, 2021. Respondent’s pre-argument brief was filed on October 13, 2021. This matter was originally set for oral argument via Zoom before Panel “B” of the Disciplinary Board on Wednesday, November 10, 2021. On November 5, 2021, Respondent filed a Notice of Objection to Remote Proceedings. The matter was then continued to December 7, 2021, by Laura B. Hennen, Chair of Panel “B.” Oral argument before Panel “C” was held on December 7, 2021. Mr. Kiesel appeared on behalf of ODC. Mr. Duplantier appeared on behalf of Respondent.”

The Disciplinary Board stated that the factual findings of the Committee are not manifestly erroneous and that the Committee correctly found that Rules of Professional Conduct 3.3(a)(1), 5.5, 8.4(a), 8.4(c), and 8.4(d) have been violated by the Respondent.

On the other hand, the Board asserted that the ODC failed to prove by clear and convincing evidence that Respondent intentionally or negligently maintained a website presence so as to hold himself out as a lawyer authorized to practice law while on interim suspension.

Accordingly, the Board adopts the Committee’s findings of fact and its findings of Respondent’s violations. However, the Board declines to accept the Committee’s recommended sanction of disbarment but instead recommends permanent disbarment of Respondent Evans.

The Recommendation to the Louisiana Supreme Court reads:

“The Board recommends that Respondent, Robert B. Evans III, be permanently disbarred. Further, the Board recommends that Respondent be assessed with all costs and expenses of these proceedings pursuant to Rule XIX, Section 10.1”

According to Justia, Mr. Robert B. Evans III attended Loyola University New Orleans College of Law, graduating in 1999. Evans had practiced in West Palm Beach, Florida. He had been licensed in Louisiana, license #23473, as well as in Texas. His info can also be found on the website of his law firm, Evans Law. 

A copy of the original filing can be found here.