La. Admin. Code tit. 1 § III-109

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-109 - Legal Representation of Parties

A. Parties have the right to retain counsel but are not required to do so. A person may appear and be heard on his/her own behalf, unless otherwise provided by law.

B. Representation of a person in a matter before DAL is limited to licensed attorneys, unless state or federal law allows representation by non-attorneys or agency representatives.

1.Pro Hac Vice. Attorneys admitted to practice in states other than Louisiana, in good standing, may be admitted to appear pro hac vice in a specific hearing by submitting approval of pro hac vice admission by the Louisiana Attorney Disciplinary Board, pursuant to Louisiana Supreme Court Rule XVII Section 13

2. When state or federal law allows representation by a non-attorney authorized representative, the partys authorized representative shall provide DAL with the representative's mailing address, telephone number, and email address. If the partys representative is not licensed to practice law in Louisiana, and the authority of the representative is challenged, the representative must show authority to appear as a representative. This rule does not permit the unauthorized practice of law.

C. When more than one attorney makes an appearance on behalf of a party, the attorney whose signature first appears on the initial pleading for a party shall be deemed the lead attorney for that party unless another attorney is specifically designated as such in writing. Unless otherwise ordered by the administrative law judge, all communications sent by DAL or other parties regarding the matter shall be sent to the lead attorney.

D. Attorneys not identified in the initial pleading as the counsel of record shall enroll as counsel of record by filing a written motion to enroll as counsel, or by oral motion made in a telephone status conference or hearing when all parties or counsel are present or fail to participate after receiving notice. All oral motions should be followed-up in writing.

E. An attorney making a limited appearance in accordance with rule 1.2(c) of the Rules of Professional Conduct must include on any pleading filed, "Attorney for limited purpose of [state matter or proceeding]" on the signature page of that pleading.

F. An attorney may withdraw from representing a party by written motion filed by the withdrawing attorney, the substituting attorney, or the party. The motion must be served on all parties. An attorney will remain enrolled until the administrative law judge grants the motion to withdraw. The motion shall:

1. contain the name, address, telephone number, fax number, and e-mail address of the substituting attorney, if any; and

2. contain the partys last known address, telephone number, fax number, e-mail address, and a statement that the party or substituting attorney has been notified of all pending hearings and deadlines.

G. A state agency or attorney with a law firm may substitute one attorney for another by providing written notice to all parties and the administrative law judge, without necessity for a motion and order.

La. Admin. Code tit. 1, § III-109

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:41 (January 2002), amended LR 38:2946 (November 2012), Promulgated by the Department of Civil Service, Division of Administrative Law, LR 46316 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq.