Client complaints lead to suspension of Destrehan attorney

By Karen Kidd | Sep 6, 2018

The attorney had no prior discipline before the state bar, according to the Louisiana Attorney Disciplinary Board's recommendation. He practiced family law.  

NEW ORLEANS — The Louisiana Supreme Court suspended Destrehan attorney Neil Dennis William Montgomery over complaints filed by two former clients.

The high court suspended Montgomery for a year and a day and ordered him to refund unearned fees, with legal interest, to his former clients. Montgomery also was ordered to pay an unspecified amount of costs and expenses, plus legal interest.

Montgomery was admitted to the Lousiana State Bar Association on April 26, 2012, according to his profile on the association's website. Montgomery had no prior discipline before the state bar, according to the Louisiana Attorney Disciplinary Board's recommendation. He practiced family law.

Montgomery was declared ineligible to practice law in September 2015 for failing to pay bar dues and failing to file a trust account disclosure statement, according to the order. 

"He is also ineligible for failure to comply with the mandatory continuing legal education requirements," the order said.

In April, the Louisiana Attorney Disciplinary Board recommended suspension for Montgomery. The only mitigating factor noted by the Louisiana Attorney Disciplinary Board was Montgomery's lack of a prior disciplinary history.

Howerver, Montgomery's multiple offenses, bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency, substantial experience in the practice of law and indifference to making restitution led to a more stringent recommendation.

"The record also supports a finding that respondent knowingly violated duties owed to his clients, the legal system and the legal profession, causing actual harm," the high court said. "The baseline sanction for this type of misconduct is suspension. We agree with the board's assessment of aggravating and mitigating factors."

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Louisiana Attorney Disciplinary Board Louisiana State Bar Association Louisiana Supreme Court

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