RULES OF SUPREME COURT OF LOUISIANA

PART B. ADMINISTRATIVE RULES

RULE XVIII. ROLL OF ATTORNEYS

Section 1. An attorney at law, in order to be permitted to practice before this court, must be registered on the roll of attorneys in the office of the clerk of court.

Section 2. The enrollment of an attorney shall show: (1) the full name and address of the attorney; (2) the place and date of birth; (3) the place and date of admission to the bar; (4) the authority for admission to the bar; (5) the date of the enrollment; and (6) the signature of the attorney.


Section 3. Application for Transfer to Inactive Status. A lawyer in good standing who has not retired or is not engaged in practice shall advise the Louisiana State Bar Association in writing that the lawyer desires to assume inactive status and discontinue the practice of law. Upon the filing of the notice, the Louisiana State Bar Association shall inform the Court and the lawyer shall no longer be eligible to practice law. A lawyer who is retired or on inactive status shall not be obligated to pay the annual fee imposed by Rule XIX upon active practitioners. A lawyer on inactive status shall be removed from the roll of those classified as active until and unless the lawyer requests and is granted reinstatement to the active rolls.


Section 4. Reinstatement from Inactive Status. Any lawyer on inactive status under Section 3 of this rule shall be reinstated if the lawyer makes application to the Louisiana State Bar Association within five years of the date of transfer to inactive status. Any lawyer who fails to make application for reinstatement within five years of the effective date of transfer to inactive status may, in the discretion of the court upon notice from the Louisiana State Bar Association, be required to petition for reinstatement under Rule XIX, § 24.


Section 5. Resignation from the Practice of Law [Added effective July 5, 2001}

A lawyer who is not the subject of a pending disciplinary investigation or proceeding may file a written request with the Louisiana Supreme Court seeking to resign from the practice of law. The request shall be accompanied by a certificate, sworn to by the lawyer, that:

1. The request is freely and voluntarily made;

2. All clients have been notified of the intent to seek resignation;

3. The lawyer has properly withdrawn from all pending representations;

4. The lawyer has returned all client funds, property, and files; and

5. The lawyer has committed no ethical violations or other acts of misconduct which could result in the imposition of lawyer discipline.

The sworn certificate 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 sworn certificate 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.

The request shall also be accompanied by a certificate from the office of disciplinary counsel certifying that no disciplinary investigations or proceedings are pending against the lawyer. If the court finds that the lawyer's request complies with the provisions of this rule, the court may issue a public order reflecting that the lawyer voluntarily resigned from the practice of law. The court retains disciplinary jurisdiction over any lawyer who resigns pursuant to this section when allegations of unethical conduct are filed with or brought to the attention of the office of disciplinary counsel subsequent to the lawyer's resignation. The court also retains disciplinary jurisdiction over lawyers who resign pursuant to this section when it is alleged that the lawyer has engaged in the unauthorized practice of law after resigning.

Any lawyer seeking to be reinstated to the practice of law following a resignation must petition the Supreme Court for reinstatement. [Section 5 added effective July 5, 2001]