La. R. Sup. Ct. 5

As amended through May 31, 2024

Section 5

Resignation from the Practice of Law

A lawyer who is not the subject of a pending disciplinary investigation or proceeding may file a written request with the Louisiana Supreme Court seeking to resign from the practice of law. The request shall be accompanied by a certificate, sworn to by the lawyer, that:

1. The request is freely and voluntarily made;

2. All clients have been notified of the intent to seek resignation;

3. The lawyer has properly withdrawn from all pending representations;

4. The lawyer has returned all client funds, property, and files; and

5. The lawyer has committed no ethical violations or other acts of misconduct which could result in the imposition of lawyer discipline.

The sworn certificate shall include a listing of all jurisdictions in which the lawyer is admitted to the practice of law and a recitation of any disciplinary action taken against the lawyer in any other jurisdiction.

The sworn certificate shall also include a listing of any pending complaints, claims, or formal inquiries filed or made against the lawyer in any other jurisdiction in which the lawyer is admitted.

The request shall also be accompanied by a certificate from the office of disciplinary counsel certifying that no disciplinary investigations or proceedings are pending against the lawyer. If the court finds that the lawyer's request complies with the provisions of this rule, the court may issue a public order reflecting that the lawyer voluntarily resigned from the practice of law. The court retains disciplinary jurisdiction over any lawyer who resigns pursuant to this section when allegations of unethical conduct are filed with or brought to the attention of the office of disciplinary counsel subsequent to the lawyer's resignation. The court also retains disciplinary jurisdiction over lawyers who resign pursuant to this section when it is alleged that the lawyer has engaged in the unauthorized practice of law after resigning.

Any lawyer seeking to be reinstated to the practice of law following a resignation must petition the Supreme Court for reinstatement.

La. R. Sup. Ct. 5