La. R. Sup. Ct. app A r. 7

As amended through October 31, 2024

Rule 7 - Recovery of Costs

In order to implement Supreme Court Rule XIX, Section 10.1, the administrator and disciplinary counsel shall identify and record for each matter filed on the board docket all costs incurred during the investigation of and proceedings in the matter. Recoverable costs shall include the following:

a) Investigative costs including costs incurred in serving investigatory subpoenas, direct charges for copies, photocopies and certification of documents and records, direct costs of travel for investigation (at board standard rates), and fees for transcripts of statements;

b) A fee of $10 for each service of notice issued for the imposition of probation pursuant to Section 11(C), the imposition of an admonition pursuant to Section 11(D) (including any notice to the complainant or other interested party), and the issuance of formal charges pursuant to Section 11(E) plus the direct costs incurred if served by the sheriff or other process server;

c) Deposition costs;

d) Witness fees, travel, and lodging necessary for the witnesses' appearance at the hearing;

e) Fees for the hearing transcript;

f) Fees for expert witnesses, if determined by the hearing committee chair to be appropriate and necessary for the matter after affording the respondent an opportunity to be heard.

g) Fees assessed by the Clerk of the Supreme Court;

h) Direct costs incurred (at board standard rates) in transmitting and publishing notices pursuant to Section 17;

i) Computerized legal research costs associated with legal research performed by the administrator's and disciplinary counsel's staff;

j) Publication costs.

Reports of hearing committees and recommendations or rulings of the board shall state whether costs shall be assessed against the lawyer and, if so, to what extent.

Within ten (10) days of the submission of the report of the hearing committee, or the recommendation of the board in a probation revocation matter, the board administrator shall file in the board record and shall serve on the lawyer a first itemized statement of all costs then incurred in the matter regardless of whether the hearing committee report or board recommendation calls for the assessment of costs against the lawyer.

After final ruling or order of the board or court, the board administrator shall file in the board record and shall serve on the respondent a supplemental itemized statement of costs incurred in the following matters:

1) discipline matters where a sanction has been imposed;

2) reinstatement or readmission matters;

3) interim suspension matters where a lawyer has been interimly suspended or an order of interim suspension has been dissolved;

4) disability matters where the lawyer has been transferred to or from disability inactive status;

5) conditional admission revocation matters where the lawyer's conditional admission has been revoked; and

6) probation revocation matters where the lawyer's probation has been revoked.

Respondent shall have fifteen (15) days following service of the supplemental cost statement to file in the record and to serve on disciplinary counsel any objection to that cost statement. If any objection is filed, the administrator shall refer the cost statement and the objection to a panel of the board's adjudicative committee for oral argument and a ruling on the objection. The board may authorize and direct disciplinary counsel to apply to the Court for a judgment against the respondent for costs imposed.

La. R. Sup. Ct. app A r. 7

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