NEW ORLEANS (Louisiana Record) — New Orleans attorney Stephen Michael Smith faces possible suspension following a Louisiana Attorney Disciplinary Board (LADB) hearing committee recommendation reached about a month ago and recently released.
LADB Hearing Committee No. 10 recommended Smith, 49, be suspended for one year, with all but 90 days deferred, and a year's probation after finding Smith negligently shared legal fees with two non-lawyers and facilitated the unauthorized practice of law. The committee also recommended Smith pay all costs and expenses in the matter.
"There are no aggravating circumstances that warrant an upward departure from any baseline sanction," the committee said in its 16-page recommendation. The committee also found Smith lacked a dishonest or selfish motive in the alleged misconduct.
The recommendation was signed Sept. 26 by committee chair Sandra D. Guidry and issued Oct. 26. Attorney member Scott A. Umberger and public member Chad M. Rachel concurred in the recommendation.
Smith was admitted to the bar in Louisiana on Oct. 18, 2002, according to his profile at the Louisiana State Bar Association's website. Smith had no prior record of discipline before the state bar, according to the hearing committee's report.
The office of disciplinary counsel filed its charges in June. Smith admitted all of the factual allegations and violations in the formal charges and the hearing took place in August.
"[Smith] has made full and free disclosure to the board and has had a cooperative attitude toward these proceedings," the hearing committee said in its recommendation. "Despite the violations, [Smith] has a good character and reputation. [Smith] has expressed sincere remorse for his actions."
The hearing committee recommendation also described Smith as an attorney who "has significantly helped his colleagues and clients, not only as a lawyer, but as a compassionate person who goes above and beyond his duty as one's lawyer."
"He has earned the trust of judges who routinely appoint him to represent indigent clients in difficult circumstances because they know that [Smith] will represent them with passion and care," the recommendation added.