On Wednesday, January 11, 2023, the Supreme Court of Louisiana ruled on the disciplinary charges against Georgia attorney Joseph Harold Turner Jr. alleging unauthorized practice of law. The case is entitled “In Re: Joseph Harold Turner Jr.”, and was brought by the Office of the Disciplinary Counsel with case no. 2022-B-1402.
The charges cited Louisiana Rules of Professional Conduct 1.1(b)(c) (failure to comply with annual professional obligations), 1.5(f) (failure to refund an unearned fee), 5.5(a) (engaging in the unauthorized practice of law), 8.1(c) (violation of the Rules of Professional Conduct), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice).
The Rules of Professional Conduct can be found here.
Respondent allegedly engaged in misconduct of engaging in law practice despite two orders dated June 1, 2017, and September 11, 2017, declaring him ineligible to practice law for failing to comply with mandatory continuing legal education requirements and failing to pay bar dues and disciplinary assessment, respectively.
The filing states:
“Notwithstanding his ineligibility, respondent agreed to represent R.A. and M.A. following their arrest on narcotics-related charges. On July 8, 2019, he accepted $2,500 to provide them with legal advice and representation in the criminal matter, which was pending in Jefferson and Plaquemines Parishes. Respondent was also hired to represent their interests in the signing of contracts wherein R.A. andM.A. agreed to work as confidential informants for the Jefferson Parish District Attorney’s Office and the Jefferson Parish Sheriff’s Office.”
The filing continues:
“Pursuant to the representation, respondent engaged in communications on behalf of R.A. and M.A. In August 2019, he contacted and interacted with Assistant District Attorney Edward McGowan of the Plaquemines Parish District Attorney’sOffice and Assistant District Attorney Joan Benge of the Jefferson Parish District Attorney’s Office. Also in August 2019, he interacted, both by telephone and in person, with a narcotics detective from the Jefferson Parish Sheriff’s Office.”
The filing further alleges:
“Notices of the associated disciplinary complaint were sent to respondent at two separate addresses, but the notices were left unclaimed and returned to the ODC. Notice was then sent to respondent at his registered email address. The email was not returned as undeliverable, but respondent did not reply to the complaint.”
Respondent was also disbarred by Order of the Supreme Court of Georgia for violating the Georgia Rules of Professional Conduct governing diligence, communication with a client, safekeeping of client’s funds, and misconduct. He also failed to respond to the disciplinary authorities in that jurisdiction.
Pursuant to Respondent’s discipline in Georgia, the Supreme Court of Louisiana imposed reciprocal discipline in the form of disbarment against Respondent on October 2021.
The Hearing Committee recommended the imposition of a two-year suspension against Respondent. The Disciplinary Review Board, on the other hand, recommended that Respondent be adjudged guilty of rule violations to be considered if and when he seeks readmission to the practice of law in Louisiana, and that Respondent pay restitution to his clients in the amount of $2,500, and the costs and expenses of the proceeding.
Accordingly, the Court ruled against Respondent in relation to his violations of the above-cited Rules of Professional Conduct and adopted the board’s recommendation.
The Disposition states:
“Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, it is ordered that Joseph Harold Turner, Jr., Louisiana Bar Roll number 26134, be and he hereby is adjudged guilty of additional violations warranting disbarment, which shall be considered in the event he seeks readmission from our decree of disbarment in In re: Turner, 21-0786 (La. 10/1/21), 324 So. 3d 1038, after becoming eligible to do so. Respondent is ordered to pay restitution to his clients R.A> and M.A. in the amount of #2,500 plus legal interest. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, $ 10.1, with legal interest to commence thirty days from the date of finality of this courtť’s judgment until paid.”
Mr. Turner, Jr. had been licensed in Louisiana and Georgia.
A copy of the original filing can be found here.