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In re Warner

Supreme Court of Louisiana

April 7, 2017

IN RE: CHANNING J. WARNER

         ATTORNEY DISCIPLINARY PROCEEDING

          PER CURIAM

         The instant disciplinary proceeding arises from a motion and rule to revoke probation filed by the Office of Disciplinary Counsel ("ODC") against respondent, Channing J. Warner, for his alleged failure to comply with the conditions of probation imposed in In re: Warner, 14-1060 (La. 6/20/14), 140 So.3d 1164 ("Warner I").

         UNDERLYING FACTS AND PROCEDURAL HISTORY

         The record in Warner I demonstrated that respondent neglected a legal matter, failed to communicate with a client, commingled client funds, and failed to promptly deliver settlement funds to a client. Prior to the institution of formal charges, respondent and the ODC submitted a joint petition for consent discipline, proposing that respondent be suspended from the practice of law for one year and one day, fully deferred, subject to a two-year period of supervised probation with conditions. On June 20, 2014, we accepted the petition for consent discipline in Warner I. Our order stated in pertinent part as follows:

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Channing J. Warner, Louisiana Bar Roll number 29017, be suspended from the practice of law for a period of one year and one day. This suspension shall be deferred in its entirety, subject to respondent's successful completion of a two-year period of supervised probation governed by the conditions set forth in the petition for consent discipline. The probationary period shall commence from the date respondent, the ODC, and the probation monitor 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. [Emphasis added.]

         On August 4, 2014, respondent executed a formal probation agreement with the ODC. Among other things, the agreement required him to:

1. Promptly respond to all requests by and make himself reasonably available for conferences with the ODC;
2. Comply with all bar membership requirements;
3. On a semiannual basis, submit to the ODC a professional activities report detailing the nature of his law practice;
4. On a quarterly basis and at his expense, have his trust account audited by a CPA approved by the ODC, instruct his CPA to perform the procedures outlined in the ODC's Trust Audit Program as part of the quarterly audits, and instruct and authorize his CPA to submit audit reports and related documents to the ODC within thirty days after the end of each quarter;
5. Pay all costs and expenses associated with Warner I prior to the expiration of the probationary period; and
6. Acknowledge that any violation of the Rules of Professional Conduct and/or this probation agreement may result in summary revocation of his probation and making the deferred suspension executory and/or may result in the imposition of additional discipline as appropriate.

         DISCIPLINARY ...


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