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Huber said the LSS would typically remove an attorney from the practice – without notice, if necessary – if the concern was criminal or posed a serious or imminent risk to a client or the public.
“In the case of Mr Lavier, we did not seek to suspend the practice immediately or without notice. The continuing risk to the public in this case was low enough to allow the negotiation of a voluntary settlement of Mr. Lavier’s practice over a period of approximately three months between September and December 2020, ”said Huber in a statement sent by email .
“This controlled process ensured that no last minute customers were left without legal assistance.”
As part of his commitment – or his formal promise – Lavier also agreed not to take on new clients or new affairs with existing clients until December 31st.
However, he can reapply to return to practice by withdrawing his commitments, Huber said. This would require giving Notify the Conduct Investigation Committee 21 days in advance. The committee would then analyze his situation and determine whether he can practice safely or whether a temporary suspension is warranted.
Should Lavier fail to comply with any of his commitments, he could be subject to formal disciplinary action and suspended without notice, the executive summary said.
Huber said Lavier had no disciplinary record.
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