Supreme Court suspends Opelousas attorney for failing to put fee agreement into writing

On Tuesday, October 4, 2022, the Supreme Court of the State of Louisiana ruled on the Joint Petition for Consent Discipline in relation to disciplinary charges against Opelousas attorney Antonio Birotte. The ruling suspended Birrote from the practice of law for six months.

The case, titled In Re: Antonio Birotte was brought by the Office of Disciplinary Counsel (ODC). Case No. 2022-B-01183.

The charges cited Rules 1.5(c) and 1.15(a) of the Rules of Professional Conduct.

According to the filing:

“The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent failed to reduce a contingency fee agreement to writing and used his operating account to deposit and disburse client funds.”

Respondent and the ODC submitted a joint petition for consent discipline in which respondent admitted his violations of the Rules as charged.

The Court, having reviewed the petition, accepted the Petition for Consent Discipline.

The Order reads:

“IT IS ORDERED that the Petition for Consent Discipline be accepted and that Antonio Birotte, Louisiana Bar Roll number 31381, be suspended from the practice of law for a period of six months. This suspension shall be deferred in its entirety, subject to a one-year period of probation with the conditions set forth in the petition for consent discipline. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate.”

All costs and expenses incurred in the matter were assessed against respondent with legal interest to commence thirty days from the date of the finality of the Court’s judgment until paid.

Justice Jay Bowen McCallum, dissents, stating that he would reject the Joint Petition and that a public reprimand would be more appropriate as no actual damage occurred.

Mr. Birotte has practiced in Opelousas where he maintains The Law Offices of Antonio Birotte, LLC. He has been licensed in Louisiana. His info can be found on Lawyer Legion.

A copy of the original filing can be found here.