Rule XVIII - Supreme Court Rules - Louisiana Supreme Court

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<h3 style="text-align:center;">RULES OF SUPREME COURT OF LOUISIANA </h3><h4 style="text-align:center;">PART B. ADMINISTRATIVE RULES&nbsp; </h4>RULE XVIII. ROLL OF ATTORNEYS&nbsp;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 or Emeritus Status.(A) Inactive Status. A lawyer in good standing who 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. (B) Emeritus Status. A lawyer in good standing who no longer desires to engage in the full time active practice of law may apply to transfer to emeritus status if, at the time of application, the lawyer: (i) is otherwise eligible to actively practice law in Louisiana; (ii) is fifty years of age or older; and (iii) has actively practiced law in Louisiana for a minimum of ten years.&nbsp; A lawyer applying for such a transfer shall advise the Louisiana State Bar Association in writing that the lawyer desires to assume emeritus status and discontinue the active practice of law.&nbsp; 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 except to the extent that the lawyer may: (i) engage in the pro bono practice of law without compensation through a program established, sponsored, or recognized by the Louisiana State Bar Association&rsquo;s Access to Justice Program; (ii) participate in any mentoring program established by the Louisiana State Bar Association; (iii) engage in the uncompensated representation of immediate family members, as defined in La. R.S. 42:1102; (iv) serve on committees of the Louisiana State Bar Association; and (v) serve on receivership team panels, as defined in Rule XIX, &sect; 27.&nbsp; The duty to maintain a client trust account is not changed by transfer to emeritus status.&nbsp; A lawyer on emeritus status and who otherwise would be obligated to pay them shall pay fifty percent of the annual bar association dues imposed upon active practitioners and shall pay fifty percent of the annual disciplinary fee required of lawyers admitted to practice three years or more pursuant to Rule XIX, &sect; 8.&nbsp; A lawyer on emeritus status and not otherwise exempt shall comply with the continuing legal education requirements imposed by Rule XXX.&nbsp; A lawyer on emeritus 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.&nbsp;[Amended effective September 22, 2023][Amended April 9, 2020]Section 4. Reinstatement from Inactive Status or Emeritus Status.(A) Inactive Status. Any lawyer on inactive status under Section 3(A) 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, &sect; 24.(B) Emeritus Status. Any lawyer on emeritus status under Section 3(B) of this rule shall be reinstated to active status if the lawyer makes application to the Louisiana State Bar Association and makes full payment of the annual bar association dues and the annual disciplinary fee required by Rule XIX, &sect; 8. If at the time of application for reinstatement to active status, a lawyer on emeritus status has already submitted payment for the annual bar association dues and the annual disciplinary fee for that year, the lawyer shall make payment of the remainder due for that year before being granted reinstatement to active status. This rule change shall become effective upon signing, and shall remain in full force and effect thereafter, until amended or changed through future orders of this Court.[Amended April 9, 2020]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: <ol><li style="margin-bottom:1em;">The request is freely and voluntarily made;</li><li style="margin-bottom:1em;">All clients have been notified of the intent to seek resignation;</li><li style="margin-bottom:1em;">The lawyer has properly withdrawn from all pending representations;</li><li style="margin-bottom:1em;">The lawyer has returned all client funds, property, and files; and</li><li style="margin-bottom:1em;">The lawyer has committed no ethical violations or other acts of misconduct which could result in the imposition of lawyer discipline.</li></ol>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]Section 6.&nbsp; Purpose and Scope of Mandatory Bar.&nbsp; The purpose of the Louisiana State Bar Association (LSBA) as a mandatory and integrated bar shall be to promote and assist the regulation of the practice of law, improve the quality of legal services, advance the science of jurisprudence, promote the administration of justice, uphold the honor of the Courts and of the profession of law including Louisiana&rsquo;s civil law system, and, generally, to promote the welfare of the profession in the State.&nbsp; The LSBA shall limit its activities to those that are constitutionally germane to its purposes, and shall limit its legislative activities to issues involving practice and procedure, the judicial system, access to the courts, the compensation of judges or lawyers, or the legal profession, and to responding to any requests for information received from the legislature.&nbsp; Any legislative positions on issues within the scope of this rule shall be voted upon and approved in advance by the LSBA&rsquo;s Board of Governors and thereafter published to members of the LSBA. [Section 6 enacted September 14, 2021]
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