Section 20.1 - Permanent Resignation from the Practice of Law in Lieu of DisciplineA lawyer against whom formal charges of misconduct have or may be filed may file a written request with the Louisiana Supreme Court seeking permanent resignation from the practice of law in lieu of discipline.
A.Affidavit of Consent. A request seeking permanent resignation from the practice of law shall be accompanied by an affidavit of consent wherein the lawyer states: (1) the request is freely and voluntarily submitted; the lawyer is not being subjected to coercion or duress; and the lawyer is fully aware of the implications of submitting the request for permanent resignation;(2) the lawyer is aware that there is presently pending an investigation into, or proceedings involving, allegations that there exist grounds for discipline, the nature of which shall be specifically set forth;(3) the lawyer agrees that he/she: (i) will never practice law in Louisiana or in any other jurisdiction;(ii) will permanently resign from the practice of law in all other jurisdictions in which the lawyer is admitted to practice;(iii) will never seek readmission to the practice of law in Louisiana or in any other jurisdiction; and(iv) will never seek admission to the practice of law in any other jurisdiction. The affidavit of consent 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 affidavit of consent 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.
B. Disciplinary Costs. The lawyer shall include with the request a certificate from the board administrator attesting to the fact that all costs incurred by the Louisiana Attorney Disciplinary Board in the investigation and/or proceedings associated therewith have been paid in full or that an appropriate payment plan has been executed by the lawyer with the board and approved by the board administrator.C.Service Upon Disciplinary Counsel. A request for permanent resignation in lieu of discipline filed under this section shall be served upon the office of disciplinary counsel for review and response. Within thirty (30) days of service, disciplinary counsel may concur, oppose, or recommend modification of the request prior to action by the court.(1) A concurrence filed by the office of disciplinary counsel shall be accompanied by a summary of the allegations of misconduct giving rise to the disciplinary investigation or proceeding. The summary shall be sufficient to fairly inform the court and the public of the nature of the facts and misconduct giving rise to the disciplinary investigation or proceeding.(2) An opposition filed by disciplinary counsel shall be public. The factual allegations in support of disciplinary counsel's opposition may remain confidential for good cause shown and in the discretion of the court.D.Denial of Request. A request for permanent resignation in lieu of discipline which is denied by the court shall be withdrawn, and may not be used against the lawyer in any subsequent proceeding.E.Public Nature of Proceeding. All proceedings in which a lawyer seeks permanent resignation in lieu of discipline shall be public, unless otherwise ordered by the court.F.Order of Resignation. The court may accept or reject the request for permanent resignation, or take any other action it feels is appropriate. If the court accepts a permanent resignation, the Order of Permanent Resignation shall be a matter of public record. A request for permanent resignation in lieu of discipline which is granted by the court shall, as a condition thereto, permanently prohibit the lawyer from practicing law in Louisiana or in any other jurisdiction in which the lawyer is admitted to the practice of law; permanently prohibit the lawyer from seeking readmission to the practice of law in this state or in any other jurisdiction in which the lawyer is admitted; and permanently prohibit the lawyer from seeking admission to the practice of law in any jurisdiction. Jurisdictions seeking to impose reciprocal discipline shall be entitled to receive the entire record of the lawyer's request seeking permanent resignation.
Amended April 25, 2019, effective 5/15/2019.