La. R. Sup. Ct. 19.2

As amended through May 31, 2024
Section 19.2 - Interim Suspension for Threat of Harm
A.Transmittal of Evidence. Upon receipt of sufficient evidence demonstrating that a lawyer subject to the disciplinary jurisdiction of this court has committed a violation of the Rules of Professional Conduct or is under a disability as herein defined and poses a substantial threat of serious harm to the public, disciplinary counsel shall:
(i) transmit the evidence to the court together with a proposed order for interim suspension; and
(ii) contemporaneously make a reasonable attempt to provide the lawyer with notice, which may include notice by telephone, that a proposed order for immediate interim suspension has been transmitted to the court.
B.Immediate Interim Suspension. Upon examination of the evidence transmitted to the court by disciplinary counsel and of rebuttal evidence, if any, which the lawyer has transmitted to the court prior to the court's ruling, the court may enter an order immediately suspending the lawyer, pending final disposition of a disciplinary proceeding predicated upon the conduct causing the harm; may order the lawyer to show cause, before a hearing committee panel appointed by the board, why the court should not issue an immediate interim suspension; or may order such other action as it deems appropriate. If the hearing is ordered prior to the filing of formal charges by disciplinary counsel, the hearing shall be confidential, but should the court determine the lawyer should be immediately suspended, the order suspending the attorney shall be public. In the event the order is entered, the court may appoint a trustee pursuant to Section 27 to protect clients' interests.
C.Notice to Clients. A lawyer suspended pursuant to paragraph B shall comply with the notice requirements in Section 26.
D.Motion for Dissolution of Interim Suspension. A lawyer suspended pursuant to paragraph B may move to dissolve or modify the order of suspension. The motion shall be accompanied by a brief setting forth specific reasons why the suspension should be dissolved or modified. The lawyer shall notify and serve the Office of Disciplinary Counsel with a copy of the motion and brief in the manner provided in Supreme Court Rule X, § 2(e). The Office of Disciplinary Counsel shall have five days from service of the motion to file a response in this court. Thereafter, the court may summarily act upon the motion or may, in its discretion, remand it to the hearing committee for hearing. In the event the matter is remanded, the hearing committee shall conduct the hearing promptly and file its recommendation in this court expeditiously.

La. R. Sup. Ct. 19.2

Amended effective 2/15/2005; amended April 25, 2019, effective 5/15/2019.