Joint petition for consent discipline accepted. See per curiam.
The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent failed to refund an unearned fee and mismanaged his client trust account, resulting in commingling and conversion. Following the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition,
IT IS ORDERED that the Petition for Consent Discipline be accepted and that Charles K. Middleton, Louisiana Bar Roll number 22119, be suspended from the practice of law for a period of one year and one day. This suspension shall be deferred in its entirety, subject to respondents successful completion of a two-year period of probation governed by the conditions set forth in the petition for consent discipline. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate.
IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this courts judgment until paid.
Crain, J., dissents.