Lawyer’s disciplinary probation should be revoked after he 'failed miserably,' hearing board says
A Louisiana lawyer should by suspended because he “failed miserably” while on disciplinary probation for mishandling his client trust account, according to a recommendation by a hearing committee of the Louisiana Attorney Disciplinary Board.
Chester J. Rothkamm Jr. of Louisiana converted more than $144,000 to his use while on disciplinary probation and falsely said the money had been misappropriated by his accountant, according to an Aug. 12 hearing committee recommendation noted by the Legal Profession Blog.
The Louisiana Supreme Court had accepted a joint petition for discipline against Rothkamm in May 2023 that imposed a deferred suspension of a year and a day for the trust account violations. He would not have to serve the suspension if he successfully completed a two-year period of supervisory probation.
According to the hearing board, Rothkamm violated his disciplinary probation agreement by failing to turn over to an independent executor the more than $144,000 deposited in his trust account from a property sale despite “multiple court filings and judicial intervention.” When Rothkamm disobeyed a court order to provide the money within 24 hours, he served a day in jail on a contempt of court charge.
Rothkamm also failed to provide trust account information and reconciliation statements to monitoring counsel as required by his disciplinary agreement, the hearing committee said.
Rothkamm had stipulated to wrongdoing.
“The stipulation demonstrates that Rothkamm has failed miserably to comply with the mandates of the Louisiana Supreme Court, as well as his probation plan,” the hearing committee found. “Rothkamm was given a chance by the court to prove his worthiness to practice law. Rothkamm has now lost this chance.”
The proceeding before the hearing committee was limited to whether Rothkamm’s probation would be revoked. But “given the gravity of the additional misconduct,” the committee said it would recommend a longer suspension and restitution if it had the authority to do so.
Rothkamm’s lawyer, Rodney Baum, did not immediately respond to the ABA Journal’s email request for comment. Rothkamm also did not immediately respond to a Journal message seeking comment that was left with his law firm.
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