On Tuesday, December 6, 2022, the Supreme Court of the State of Louisiana ordered the immediate reinstatement to the practice of law with conditions of Covington attorney James Casey Fos as per recommendation of the Hearing Committee.

The case is styled In Re: James Casey Fos and was brought by Petitioner James Casey Fos with Case #2022-DB-1527.

The following are as summarized from the filing:

On March 2, 2018, the Louisiana Supreme Court suspended Mr. Fos for three years pursuant to a petition for consent discipline. The order of suspension also included an order for Mr. Fos to make full restitution to his victims.

According to the Report of Hearing Committee #15, Mr. Fos filed a petition and application for reinstatement to the practice of law on March 11, 2022. The Office of Disciplinary Counsel (ODC) initially opposed the petition and thereafter amended its response after Mr. Fos submitted additional information to ODC. A hearing was held on August 16, 2022, wherein the ODC did not take a position on the matter.

The Law and Findings of Fact part of the Report of Hearing Committee #15, stated that the respondent has satisfied all the criteria for reinstatement and readmission, as set forth in Supreme Court Rule XIX, Section 24(e).

The Recommendation of the Committee goes:

“The Committee recommends that respondent, James Casey Fos, be reinstated to the bar. The Committee also recommends that Respondent be placed on probation for a period of two years with the condition that he consult with a mental healthcare provider that meets JLAP standards at least once quarterly and that such reports should be reported to ODC or any other entity deemed appropriate to monitor compliance. The Committee also recommends that Petitioner be assessed with the costs and expenses of this proceeding pursuant to Rule XIX, § 10.1.”

In light of the foregoing, the Court having considered the recommendation of the hearing committee ruled in favor of Mr. Fos and approved his petition.

The Order reads:

“Upon review of the recommendation of the hearing committee, and considering the record, it is ordered that James Casey Fos, Louisiana Bar Roll number 21280, be immediately reinstated to the practice of law in Louisiana, subject to a two-year period of probation with the condition that petitioner consult with a mental health provider who meets the Judges and Lawyers Assistance Program’s standards at least once quarterly and that the provider’s reports be submitted to the ODC or any other entity deemed appropriate to monitor petitioner’s compliance.”

The Order further states that the probationary period shall start from the date once the petitioner and the ODC execute a formal probation plan. Mr. Fos should comply with the conditions of probation, and should not commit any misconduct during the probation period, otherwise, his conditional right to practice may be terminated immediately, or he may be subject to other discipline. All costs were also assessed against Mr. Fos.

Justice Scott Jackson Crichton who previously dissented from the court’s majority decision suspending respondent for three years, noting anything less than disbarment was unduly lenient, additionally concurred and assigned reasons, stating:

“However, over the span of four and a half years, respondent has made full restitution, completed his JLAP obligations, cooperated with OCD throughout this process, submitted himself to serving as peer support specialist for the LouisianaDepartment of Health, Office of Behavioral Health, and fully satisfied all requirements of Louisiana Supreme Court Rule XXX, §24(5). Accordingly, I welcome respondent back to the practice of law.”

According to LinkedIn, Mr. Fos is a practicing attorney at The Law Office of Casey Fos. He completed his Juris Doctor at the Tulane University Law School, graduating in 1991. Fos practices in Covington, Louisiana. He has been licensed in Louisiana, license #21280.

A copy of this original filing can be found here.