Section 20.2 - Permanent Retirement from the Practice of LawA lawyer who is 65 years of age or older, who suffers from age related impairment and who does not have a serious discipline matter pending or under investigation, may seek permanent retirement from the practice of law. The disciplinary counsel is also authorized to initiate the permanent retirement process upon receiving information from a judge, partner or associate of the lawyer, family member of the lawyer, the Judges and Lawyers Assistance Program, hearing committee member, or member of the board. A lawyer who is placed on permanent retirement status shall not have the ability to return to the practice of law.
A.Petition and Affidavit of Consent. A lawyer seeking permanent retirement shall prepare a petition and affidavit of consent for consideration by the court. The petition and affidavit shall be submitted to the Office of Disciplinary Counsel. In the affidavit of consent, the lawyer shall state: (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 retirement;(2) the lawyer agrees that he/she: (i) will permanently retire from the practice of law in Louisiana and seek a similar status in all other jurisdictions in which the lawyer is admitted to practice;(ii) will never seek readmission to the practice law in Louisiana or in any other jurisdiction; and(iii) will never seek admission to the practice 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. The petition shall set forth the reasons for seeking permanent retirement status and the petition shall be entitled: "Confidential: [Initials of the Petitioner] Seeking Permanent Retirement from the Practice of Law."B.Review by the Office of Disciplinary Counsel. The disciplinary counsel shall review the petition. In his/her review of the petition, the disciplinary counsel shall also seek the approval of the Client Assistance Fund and the Judges and Lawyers Assistance Program. After review of the matter, and if he/she determines that the petition should be granted, the disciplinary counsel shall submit the matter to the Court as a confidential matter with a recommendation that the petition should be granted. The recommendation shall inform the court of the positions taken by the Client Assistance Fund and the Judges and Lawyers Assistance Program. If the disciplinary counsel determines that the petition should not be granted, the matter shall not move forward and the lawyer may seek other options available under this Rule.C.Review by the Court. The Court shall review the petition and affidavit and the recommendation of the disciplinary counsel. If the Court deems appropriate, it shall enter an order granting the petition. If the petition is granted, the disciplinary counsel may initiate procedures pursuant to Section 27 of this Rule if appropriate and necessary.D. Confidentiality. The petition, affidavit of consent, and all associated pleadings, exhibits, and/or proceedings shall be confidential and under seal. However, all orders transferring a lawyer to permanent retirement shall be public.Adopted April 25, 2019, effective 5/15/2019.