In Re: Petition of Holt
| Docket Number: | 2011-BR-00600-SCT Linked Case(s): 2011-BR-00600-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-15-2012 Opinion Author: Kitchens, J. Holding: Conditionally Granted |
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| Additional Case Information: |
Topic: Bar discipline - Petition for reinstatement - Miss.R.Disc. 12 Judge(s) Concurring: Dickinson, P.J., Chandler, Pierce and King, JJ. Dissenting Author : Carlson, P.J. Dissent Joined By : Waller, C.J., and Lamar, J. Concurs in Result Only: Randolph, J., Concurs in Result Only Without Separate Written Opinion |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Bar discipline - Petition for reinstatement - Miss.R.Disc. 12 |
| Summary of the Facts: | Christopher Holt was disbarred from the practice of law in 2003. Holt now seeks reinstatement to the practice of law pursuant to Rule 12 of the Mississippi Rules of Discipline, but the Bar opposes Holt’s petition for reinstatement. |
| Summary of Opinion Analysis: | In his petition for reinstatement, the petitioner must address: state the cause for suspension; give the name and current address of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct; make full amends and restitution; show that he has the necessary moral character for the practice of law; and demonstrate the requisite legal education to be reinstated to the privilege of practicing law. The Bar finds that Holt’s petition fails specifically to admit responsibility for the conduct that resulted in his disbarment, saying he merely recited the findings of the complaint tribunal. To the contrary, however, in his petition for reinstatement, he sufficiently states the reason for his suspension while expressing great regret for his actions. Further, Holt provides substantial information about his struggle with alcoholism, not in an effort to excuse his conduct, but rather as a means of explaining the circumstances surrounding his transgressions. The Bar found that Holt remained listed as the attorney of record in two bankruptcy matters following the date of his disbarment. Holt candidly admitted that he had failed to notify his clients or any courts of his disbarment. He further admitted having had no contact with the referenced cases or clients, and court documents reflect that he neither filed documents nor made appearances in the referenced matters after his disbarment. Holt was disbarred following a complaint made by Mr. Hendley for the misappropriation of client funds, and for this Holt accepts responsibility and has made restitution. The matters recently discovered by the Bar are unproven and are comparatively insignificant to the question of pecuniary losses suffered by clients. The Bar points to the fact that, while Holt did ultimately make amends to Mr. Hendley, the order required that full restitution be made within thirty days of April 29, 2003. Holt did not reimburse Mr. Hendley until nearly six years after his disbarment. However, the requirement is merely to make full restitution to all parties who suffered a pecuniary loss, which Holt did. With regard to moral character, Holt extensively cites his work history following disbarment, his involvement with charitable activities, and his rehabilitation from alcoholism. Additionally, Holt has provided twenty-three letters of recommendation to support his claim that he is possessed of sound moral character. The majority of the letters are from coworkers, employers, and individuals whom he has counseled in his capacity as a drug-addiction counselor. Holt has provided documentary evidence with his petition for reinstatement that he has earned 56.5 hours of continuing legal education. He also remained subscribed to the Mississippi Law Institute’s advance-sheet service, and has read the opinions of the Mississippi Supreme Court and Court of Appeals since October 2009. During the time since his disbarment, he also has undergone training with Court Appointed Special Advocates in order to become a GAL. Holt has satisfied the necessary jurisdictional requirements for his reinstatement as an attorney at law. Thus, his petition for reinstatement to the practice of law is granted on the condition that he take and pass the Mississippi Bar Examination as well as the Multi-State Professional Responsibility Examination. |
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