On Friday, January 27, 2023, the Supreme Court of Louisiana disbarred attorney Robert Bartholomew Evans III for unauthorized practice of law.
The case is entitled “In the matter of Robert Bartholomew Evans III and was brought by the Office of Disciplinary Counsel” with case no. 2022-B-1439.
The charges cited Louisiana Rules of Professional Conduct 3.3(a)(1), 8.4(a), 8.4(c), 8.4(d) and 5.5 which state:
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.
Violation of the Rules of Professional Conduct.
Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Engaging in conduct prejudicial to the administration of justice.
Engaging in the unauthorized practice of law.
The Rules of Professional Conduct can be found here.
On September 22, 2022, the Louisiana Attorney Disciplinary Board already disbarred the respondent. During a case he was involved with, Mr. Robert violated the Rules of Professional Conduct by committing false statements and false representations.
The filing states:
“On June 6, 2018, the respondent filed an ex parte motion to withdraw the balance of the disputed funds from the registry of the court. Respondent filed the motion on his own behalf, despite the fact that he was represented by counsel in the litigation. Respondent’s motion represented that “[c]ounsel for the plaintiffs have been contacted and have not expressed any opposition to this Motion.” Respondent’s motion also included a certificate of service indicating that he had served the pleading upon all counsel of record. Both of these representations by the respondent were false – i.e., plaintiffs’ counsel was not contacted in advance about the motion and did not receive a service copy of the motion, and Mr. Burgos would have vigorously opposed any such motion and the removal of disputed funds from the registry of the court.”
The filing continues:
“The writ application contained an affidavit in which respondent swore under oath that a copy of the application had been “emailed and mailed to all 4 counsel of record this 11th day of July.” This affidavit was false, as the plaintiff’s counsel did not receive a copy of the writ application via email on July 11, 2018. Instead, plaintiffs’ counsel only received a mailed copy of the writ application on July 18, 2018, two days after the Fourth Circuit had already denied in part and granted in part the writ application.”
In 2018, the respondent agreed that an Interim suspension for the threat of harm to the public is imposed against him by the Court. However, despite his earlier agreement, the respondent continued to engage in the practice. It was alleged that he disbursed, and handled client funds through his law firm’s trust account.
Consistent with the Hearing Committee, and the Disciplinary Board the Court finds that there is strong evidence. The respondent violated duties owed to his clients, the legal system, and the legal profession. The following aggravating factors were present: dishonesty, the pattern of misconduct, multiple offenses, refusal to acknowledge wrongful misconduct, and substantial experience in law. Based on the findings and recommendations, the Supreme Court of Louisiana decided to disbar the respondent.
The Disposition states:
“Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Robert B. Evans III, Louisiana Bar Roll number 23473, be and he hereby is disbarred, retroactive to September 28, 2018, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. All costs and expenses in the matter are assessed against the respondent in accordance with Supreme Court Rule 20 XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.
As of today, Mr. Robert’s info can be found on Linkedin. He worked in the law firm Law Office of Robert B. Evans. He attended Tulane Unversity Law School. Evans practiced in Metairie, Louisiana. He was licensed to practice in Louisiana.
A copy of the original filing can be found here.