La. R. Sup. Ct. app C R. R. 4

As amended through May 31, 2024

Rule 4 - Standards of Review

a) The Office of Disciplinary Counsel, directly or through a probation monitor, shall review the files and accounts of the respondent insofar as probation is required, i.e. if the respondent is on probation as a result of commingling, the probation monitor shall review the financial records of the respondent to ascertain that no commingling continues. Similarly, if the respondent is on probation for neglect of legal matters, the probation monitor shall review the substance of the respondent's files.

b) The probation monitor shall have the right to review any of respondent's files which it deems necessary in order to complete his/her obligations.

c) Such review shall take place regularly as deemed necessary by the probation monitor. Respondent shall make himself, members of his staff (both full and part time), and independent contractors reasonably available for a conference with the Office of Disciplinary Counsel or probation monitor. Any expenses incurred by way of such conferences shall be paid directly by the respondent.

d) In connection with the reviews, respondent, without written or oral request, shall furnish to the Office of Disciplinary Counsel or the probation monitor a written update of the respondent's activities which fall within the ambit of the probation requirements.

e) The failure to furnish such written reports shall constitute a basis for revocation of probation.

f) Respondents shall timely provide appropriate waivers of confidentiality to the Office of Disciplinary Counsel or to the probation monitors insofar as physicians, banking relations, accountants, and any other confidential relationships which may exist between respondent and other parties to the extent such information is necessary for the Office of Disciplinary Counsel or the probation monitor to perform their duties.

g) Where the respondent is addressing a substance use disorder, the Office of Disciplinary Counsel or the probation monitor shall have the right to demand appropriate laboratory testing, if required. Failure of the respondent to provide the opportunity for such lab testing should be considered a violation of the terms of probation.

La. R. Sup. Ct. app C R. R. 4

Amended April 25, 2019, effective 5/15/2019.