Section 24 - Reinstatement and ReadmissionA. Generally. A disbarred lawyer or a suspended lawyer who has served an active suspension of more than one year shall be reinstated or readmitted only upon order of the court. An active suspension is the period of suspension served exclusive of any periods of deferral. No lawyer may petition for reinstatement until six months before the period of suspension has expired. No lawyer may petition for readmission until five years after the effective date of disbarment. A lawyer who has been placed on interim suspension and is then disbarred for the same misconduct that was the ground for the interim suspension may petition for readmission at the expiration of five years from the time of the effective date of the interim suspension. In matters where a lawyer who has been placed on interim suspension and is then suspended for the same misconduct that was the ground for the interim suspension, at the court's discretion, the lawyer's term of suspension may be applied retroactively to the effective date of the interim suspension. The court retains the discretion, in accordance with Section 10A of this rule, to permanently disbar a lawyer and permanently prohibit any such lawyer from being readmitted to the practice of law.B.Petition and Application. A petition for reinstatement or readmission must be under oath or affirmation under penalty of perjury and shall specify with particularity the manner in which the lawyer meets each of the criteria specified in paragraph E or, if not, why there is good and sufficient reason for reinstatement or readmission. The petition for reinstatement or admission is public record. An application for reinstatement or readmission, also drafted under oath or affirmation under penalty of perjury, shall also be submitted by the lawyer. Part I of the application, containing general personal, employment and legal information about the lawyer, is public record, while Part II of the application, containing Social Security number, financial, federal and state tax and medical information about the lawyer, shall remain confidential and placed under seal by the board administrator. A petition for reinstatement or readmission or application for reinstatement or readmission shall be rejected for filing by the board if not in compliance with subsections A-D of this section.
Unless abated under Section 25 the petition and application must be accompanied by an advance cost deposit in the amount set from time to time by the board to cover anticipated hearing and investigatory costs of the proceeding.
C. Service of Petition and Application. The lawyer shall file the petition and application with the disciplinary board and shall serve a copy of the petition and application (Parts I and II) on disciplinary counsel. The lawyer shall also serve a copy of the petition upon each complainant in the disciplinary proceeding that led to the suspension or disbarment.D.Publication of Notice of Petition and Application. At the same time that a lawyer files a petition and application for reinstatement or readmission, the lawyer shall also publish a notice of the petition and application in the journal of the state bar and in a newspaper of general circulation in each judicial district in which the lawyer maintained an office for the practice of law when the lawyer was suspended or disbarred. The notice shall inform members of the bar and the public about the petition and application for reinstatement or readmission, and shall request that any individuals file notice of their opposition or concurrence with the board within thirty days. Any opposition or concurrence shall be promptly transmitted by the board to the disciplinary counsel and the petitioner. In addition, the lawyer shall notify the complainant(s) in the disciplinary proceeding that led to the lawyer's suspension or disbarment that the lawyer is applying for reinstatement or readmission, and shall inform each complainant that he or she has thirty days to raise objections to or to support the lawyer's petition and application. In the event a petition for reinstatement or readmission or application for reinstatement or readmission is rejected by the board because said petition or application is incomplete, the petitioner must republish the required notices to coincide with the filing of the complete application.E.Criteria for Reinstatement and Readmission. A lawyer may be reinstated or readmitted only if the lawyer meets each of the following criteria, and executes and files with the petition for reinstatement or readmission an application for reinstatement or readmission, a copy of which can be obtained from the board administrator, or, if not, presents good and sufficient reason why the lawyer should nevertheless be reinstated or readmitted: (1) The lawyer has fully complied with the terms and conditions of all prior disciplinary orders except to the extent that they are abated under Section 25.(2) The lawyer has not engaged nor attempted to engage in the unauthorized practice of law during the period of suspension or disbarment.(3) If the lawyer was suffering under a physical or mental disability or infirmity at the time of suspension or disbarment, including alcohol or other drug abuse, the disability or infirmity has been removed. Where alcohol or other drug abuse was a causative factor in the lawyer's misconduct, the lawyer shall not be reinstated or readmitted unless all three conditions noted below are met: (a) the lawyer has pursued and complied with the treatment recommendations of the Judge's and Lawyer's Assistance Program ("JLAP") and has complied with the conditions of the monitoring contract;(b) the lawyer has offered evidence of sustained abstinence from addictive substances or processes and/or has offered evidence of compliance with recommended healthcare regimen prescribed by provider(s) that meet JLAP standards; and(c) A healthcare provider or team of providers that meets JLAP standards who has been involved with the care of the lawyer indicates in writing that the lawyer's prognosis is sufficiently good to predict that the lawyer will continue to manage any condition or disability effectively.(4) The lawyer recognizes the wrongfulness and seriousness of the misconduct for which the lawyer was suspended or disbarred.(5) The lawyer has not engaged in any other professional misconduct since suspension or disbarment.(6) Notwithstanding the conduct for which the lawyer was disciplined, the lawyer has the requisite honesty and integrity to practice law.(7) The lawyer has kept informed about recent developments in the law and is competent to practice and has satisfied MCLE requirements for the year of reinstatement or readmission even if the lawyer seeking reinstatement or readmission is exempt from satisfying MCLE requirements because of age.(8) The lawyer has paid to the Louisiana State Bar Association currently owed bar dues.(9) The lawyer has paid all filing fees owed to the Clerk of Court and all disciplinary costs to the Disciplinary Board. In the event the lawyer has executed a payment plan with the Disciplinary Board for these costs, the lawyer must be current on all payments in order to qualify to petition for reinstatement or readmission.(10) The lawyer has paid to the Disciplinary Board currently owed disciplinary administration and enforcement fees required under Section 8(A) of this rule and has filed the registration statement required under Section 8(C) of this rule.(11) The lawyer shall obtain a certification from the Client Assistance Fund that no payments have been made by the Fund to any of the lawyer's clients. To the extent that Client Assistance Funds have been paid to qualifying clients, the lawyer shall obtain a certification from the Fund that the Fund has been reimbursed in its entirety, or alternatively, that a payment plan is in effect which will result in reimbursement to the Fund. In the event the lawyer has executed a payment plan with the Fund for these costs, the lawyer must be current on all payments in order to qualify to petition for reinstatement or readmission.F.Response of Disciplinary Counsel. Unless the time is extended by order of the chair of the board's adjudicative committee, within sixty days after receiving a lawyer's petition and application for reinstatement or readmission, disciplinary counsel shall either: (1) advise the lawyer and the board that disciplinary counsel will concur in the lawyer's reinstatement or readmission, or (2) advise the lawyer and the board that disciplinary counsel opposes reinstatement or readmission and request the board to set a hearing, or (3) advise the lawyer and the board that disciplinary counsel takes no position in the lawyer's reinstatement or readmission in which case the board shall set a hearing. A concurrence in reinstatement or readmission must be signed by the lawyer and disciplinary counsel and submitted to the chair of the adjudicative committee of the board within thirty days of disciplinary counsel's advising that he or she will concur.G. Hearing; Report. Upon receipt of the disciplinary counsel's request for a hearing, or if the chair of the adjudicative committee, acting pursuant to paragraph H below, determines that a hearing is necessary, the board shall promptly refer the matter to a hearing committee. Within sixty days of the request, the hearing committee shall conduct a hearing at which the lawyer shall have the burden of demonstrating by clear and convincing evidence that he or she has met each of the criteria in paragraph E or, if not, that there is good and sufficient reason why the lawyer should nevertheless be reinstated or readmitted. The hearing committee shall file its report with the board containing its findings of fact and recommendations. The respondent and disciplinary counsel may file objections to the report within twenty days from the date of notification by the board that the report has been filed. If no objection to the hearing committee report is filed by the disciplinary counsel or the respondent, the record in the matter shall be submitted directly to the court for review and determination.H.Board Review; Report.(1) A concurrence in reinstatement or readmission shall be promptly reviewed by the chair of the adjudicative committee of the board. If approved and a recommendation that the petition be granted is made, the matter shall be submitted to the court for review and determination. If disapproved, the matter shall be set for a hearing before a hearing committee in accordance with paragraph G above.(2) In matters where an objection to the hearing committee's report is filed by the disciplinary counsel or by the respondent, the board shall promptly review the record and report of the hearing committee and shall, within ninety days after receiving the record and the hearing committee report, file the record and its own report with the court.I. Decision as to Reinstatement or Readmission. The court shall review the record, the report filed by the hearing committee or the board, if any, and any concurrence by the lawyer and disciplinary counsel. If the court finds that the lawyer has complied with each of the criteria of paragraph E, or has presented good and sufficient reason for failure to comply, the court shall reinstate or readmit the lawyer and may issue written reasons. If the court denies reinstatement or readmission, the court may issue written reasons and shall identify the period after which the lawyer may reapply. Generally, no lawyer will be permitted to reapply for reinstatement or readmission within one year following an adverse judgment upon a petition and application for reinstatement or readmission.J. Conditions of Reinstatement or Readmission. The court may impose conditions on a lawyer's reinstatement or readmission. The conditions shall be imposed in cases where the lawyer has met the burden of proof justifying reinstatement or readmission, but the court reasonably believes that further precautions should be taken to insure that the public will be protected upon the lawyer's return to practice. The court may impose any conditions that are reasonably related to the grounds for the lawyer's original suspension or disbarment, or to evidence presented at the hearing regarding the lawyer's failure to meet the criteria for reinstatement or readmission. The conditions may include any of the following: passing the bar examination as a condition to reinstatement or readmission following suspension or disbarment; a period of probation; limitation upon practice (to one area of law or through association with an experienced supervising lawyer); participation in continuing legal education courses; monitoring of the lawyer's practice (for compliance with trust account rules, accounting procedures, or office management procedures); abstention from the use of drugs or alcohol; compliance with a Judges or Lawyers Assistance Program monitoring agreement . The Office of Disciplinary Counsel shall monitor the lawyer's compliance with the conditions of reinstatement or readmission in accordance with Appendix C of this rule. If the Disciplinary Counsel determines that the reinstated or readmitted lawyer's compliance with any condition of reinstatement or readmission is unsatisfactory and that there exists a potential for harm to the public, the Disciplinary Counsel shall notify the court.
K.Reciprocal Reinstatement or Readmission. Where the court has imposed a suspension or disbarment solely on the basis of imposition of discipline in another jurisdiction, and where the lawyer gives notice to the court that he or she has been reinstated or readmitted in the other jurisdiction, the court shall determine whether the lawyer should be reinstated or readmitted. Unless disciplinary counsel presents evidence demonstrating procedural irregularities in the other jurisdiction's proceeding or presents other compelling reasons, the court shall reinstate or readmit a lawyer who has been reinstated or readmitted in the jurisdiction where the misconduct occurred.Section 24 amended effective 8/8/2011; amended April 25, 2019, effective 5/15/2019; amended November 21, 2019, effective 11/21/2019; ;amended May 4, 2022, effective 5/4/2022.