La. R. Sup. Ct. 10.1

As amended through October 31, 2024

Section 10.1 - Reimbursement of Costs and Expenses

A.Assessment. Upon order of the court or the board, or upon stipulation, in any case in which a sanction is imposed upon a lawyer, a lawyer applies for reinstatement or readmission, a lawyer is transferred to or from disability inactive status, a lawyer is interimly suspended or has an order of interim suspension dissolved, or a lawyer's probation or conditional admission is revoked, costs and expenses as herein defined shall be assessed against the lawyer. Legal interest shall also be assessed on unpaid costs and expenses.

B.Costs. The term "costs" for the purposes of this rule shall include all obligations in money reasonably and necessarily incurred by the attorney disciplinary board in the performance of its duties under these rules, whether incurred before or after the filing of formal charges. Costs shall include, by way of illustration and not of limitation:

(1) investigatory costs;

(2) charges for service of process;

(3) witness fees;

(4) the services of a court reporter;

(5) copying costs;

(6) telephone charges; and

(7) publication costs.

C.Expenses. "Expenses" for the purposes of this rule shall mean a reasonable charge for attorney fees and administrative and staff expenses incurred by the attorney disciplinary board. The following amounts shall conclusively be presumed to be reasonable expenses:

(1) For an admonition, $250;

(2) For a matter which results in a final order of discipline by consent which is concluded prior to the commencement of a hearing before a hearing committee, $1,000;

(3) For a matter which results in a public reprimand, $1,000;

(4) For a matter which results in any public sanction other than a reprimand, an order of discipline by consent which is concluded prior to a hearing before a hearing committee, or disbarment, $1,500;

(5) For a matter which results in a disbarment or permanent disbarment, $2,000;

(6) For a matter which results in permanent resignation from the practice of law in lieu of discipline, $1,000.

D.Payment of Costs and Expenses. A lawyer ordered to pay costs and expenses shall do so within thirty days of the date upon which the assessment becomes final unless a periodic payment plan has been approved by the board and disciplinary counsel.

E.Failure to Comply with Assessment of Costs and Expenses. Any lawyer who fails to pay costs and expenses when ordered to do so or who fails to comply with the terms of an agreed upon periodic payment plan shall be mailed, by first class mail at the attorney's last known primary address, a notice of delinquency and imminent certification of ineligibility to practice law. Any attorney who fails to comply with this notice within thirty days of mailing will be summarily certified ineligible to practice law by the court upon notice of such failure received from the disciplinary board. The certification of ineligibility may be cancelled by the court subsequent to receipt of notice from the board that all outstanding costs and expenses have been paid.

F.Waiver. In any case in which costs and expenses are sought pursuant to this rule, the assessment of any or all such costs and expenses may be waived where it appears in the interests of justice to do so. If the Disciplinary Board waives any costs and expenses because it appears in the interest of justice to do so, the Disciplinary Board shall provide written reasons documenting why said waiver is in the interest of justice.

La. R. Sup. Ct. 10.1

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