On Monday, March 25, 2024, the Supreme Court of Pennsylvania issued an order reinstating attorney Pearlette Vivian Toussant to active status.
The case is entitled “Office of Disciplinary Counsel v. Pearlette Vivian Toussant,” with case no. 138 DB 2022.
Toussant had previously been suspended from practicing law on consent for a period of one year, according to a Joint Petition in Support of Discipline on Consent that was filed with the Disciplinary Board of the Supreme Court of Pennsylvania in December 2022.
The joint petition outlined numerous ethical violations committed by Toussant relating to her representation of a former client, identified as LK. According to the petition, Toussant began representing LK in March 2021 regarding potential litigation related to property damage at LK’s home. However, Toussant violated the Rule of Professional Conduct by engaging in a sexual relationship with her client.
The petition states that Toussant had a phone consultation with LK on March 11, 2021, and LK agreed to retain Toussant and her law firm, the Foxworth Law Firm, to handle the property damage matter. On March 18, 2021, LK provided case documents and a retainer check to Toussant. Shortly thereafter, Toussant began a sexual relationship with LK, despite knowing it violated the Rules of Professional Conduct.
Toussant attempted to justify the relationship by claiming it began after LK’s retainer check cleared. However, the petition notes Rule 1.8(j) does not allow a lawyer to obtain a client’s consent to waive the conflict created by a sexual relationship.
The relationship led to numerous conflicts of interest that prevented Toussant from representing LK in a competent manner. In April 2021, after LK expressed a need for space from Toussant, Toussant reacted emotionally and falsely stated that LK had terminated the law firm’s representation. Toussant also made personal attacks against LK.
In May 2021, after LK permanently ended her personal relationship with Toussant, Toussant continued to deny that an attorney-client relationship ever existed between herself and LK, despite having sent a demand letter on LK’s behalf. Toussant’s actions interfered with LK’s ability to obtain legal representation for her property damage matter.
The joint petition alleged Toussant violated several Rules of Professional Conduct, including those regarding conflicts of interest due to personal or business relationships with a client. It noted aggravated factors such as Toussant targeting a vulnerable client.
Taking into account mitigating factors such as Toussant’s consent to discipline and lack of prior record, the petition recommended a one-year suspension. Both the Office of Disciplinary Counsel and Toussant consented to this discipline.
In February 2023, the Supreme Court of Pennsylvania issued an order suspending Toussant for one year. The March 2024 order indicated Toussant had since filed paperwork showing her compliance with the terms of the suspension order and reinstated her license to practice law.
The Disposition states:
“AND NOW, this 25th day of March 2024, on certification by the Disciplinary Board that Pearlette Vivian Toussant, who was suspended on consent for a period of one year, has filed a verified statement showing compliance with the Order of Suspension and Pa.R.D.E. 217, and there being no other outstanding order of suspension or disbarment, Pearlette Vivian Toussant shall be reinstated to active status.”
According to avvo.com, Ms. Toussant is a contracts & agreements attorney in Philadelphia, Pennsylvania. She attended the University of Pennsylvania Law School, graduating in 2000. She acquired her law license in Pennsylvania in the same year.
A copy of the original filing can be found here.
