LOCAL CIVIL RULE 83 - RULES BY
DISTRICT COURTS; JUDGES' DIRECTIVES
LOCAL CIVIL RULE 83.2 - ATTORNEYS
LR83.2.1E & W Roll of Attorneys
LR83.2.1M Roll of Attorneys
LR83.2.2E Eligibility
LR83.2.2 M & W Eligibility
LR83.2.3E Procedure for Admission
LR83.2.3M Procedure for Admission
LR83.2.3M Payment of Annual Fees
LR83.2.3W Procedure for Admission
LR83.2.4E & M Rules of Conduct
LR83.2.4W Rules of Conduct
LR83.2.5 Attorney Representation
LR83.2.6E Visiting Attorneys
LR83.2.6M Visiting Attorneys
LR83.2.6W Visiting Attorneys
LR83.2.7 Waiver by Court Order of Requirements for Local Counsel
LR83.2.8 Familiarity With and Compliance With Rules
LR83.2.8.1E Familiarity With the Record
LR83.2.9E Counsel's Failure to Appear
LR83.2.10E RULES OF DISCIPLINARY ENFORCEMENT OF THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF LOUISIANA
LR83.2.10.1E Practicing Before Admission or During Suspension
LR83.2.10M Suspension and Disbarment
LR83.2.10W
Attorney Discipline
LR83.2.11 Continuing Representation, Withdrawals, Substitution of Counsel
LR83.2.12 Additional Counsel
LR83.2.13 Appearances by Law Students
LR83.2.14M & W Courtroom Decorum
LR83.2.15W Courtroom Appearance
LR83.2.1E & W Roll of Attorneys
The bar of the court consists of those lawyers admitted to practice before the court who have
taken the prescribed oath and signed the roll of attorneys for the district.
LR83.2.1M Roll of Attorneys
The bar of this court consists of those lawyers admitted to practice before this court who have
taken the prescribed oath.
Any member in good standing of the bar of the Supreme Court of Louisiana who is of good moral character is eligible for admission to the bar of the Eastern District of Louisiana. [Amended July 17, 2000]
LR83.2.2M & W Eligibility
Any member in good standing of the bar of the Supreme Court of Louisiana is eligible for
admission to the bar of these courts.
LR83.2.3E Procedure for Admission
A. Each applicant for admission to the bar of this court shall file with the clerk a written petition
signed by him or her and endorsed by two members of the bar of this court listing the applicant's
residence and office address, his or her general and legal education, the courts that have admitted
him or her to practice, and stating that the applicant is qualified to practice before this court, is of
good moral character, and is not subject to any pending disbarment or professional discipline
procedure in any other court. If the applicant has been convicted of a felony or has previously
been subject to any disciplinary proceedings, full information about the conviction or about the
disciplinary proceedings, including the charges and the result will be given.
B. The petitioner may then be admitted in open court or in chambers, and upon taking an oath to conduct himself or herself as an attorney or counselor of this court uprightly and according to law and to support the Constitution of the United States. He or she shall then, under the direction of the clerk, sign the roll of attorneys and pay the fee required by law and any other fee required by the court. Unless such a motion for admission is made within six months of the filing of the petition, the clerk may destroy the petition and a new petition will be necessary before the applicant can be admitted.
C. If a personal appearance would present an undue hardship for the applicant or the applicant resides outside the boundaries of this district, upon written request and for good cause shown, the Court may grant the applicant's request for admission by mail without the necessity of a personal appearance. In such instance, the applicant shall take a written oath, on a form prescribed by the Clerk, to conduct himself or herself as an attorney or counselor of this Court uprightly and according to law and to support he Constitution of the United States, and submit this written oath with any fee required by law and any other fee required by the court. At the attorney's first physical appearance before the court, he/she shall sign the roll of attorneys in the Clerk's Office. [Amended July 17, 2000 and October 1, 2003]
LR83.2.3M Procedure for Admission
A. Each applicant for admission to the bar of this court shall file with the clerk a written petition
signed by him or her and endorsed by two members of the bar of this court listing the applicant's
residence and office address, his or her general and legal education, the courts that have admitted
him or her to practice, and stating that the applicant is qualified to practice before this court, is of
good moral character, and is not subject to any pending disbarment or professional discipline
procedure in any other court. If the applicant has previously been subject to any disciplinary
proceedings, full information about the proceedings, the charges and the result will be given.
B. The petitioner may then be admitted in open court, or in chambers or by mail, and upon taking an oath to conduct himself or herself as an attorney or counselor of this court uprightly and according to law and to support the Constitution of the United States. He or she shall then, under the direction of the clerk, pay the fee required by law and any other fee required by the court. Unless such a motion for admission is made within six months of the filing of the petition, the clerk may destroy the petition and a new petition will be necessary before the applicant can be admitted.
LR83.2.3.1M Payment of Annual Fees
A. In addition to the fee paid upon admission to the bar of this court, every attorney so admitted shall pay to the clerk of this court an annual fee in an amount to be determined by the court. Such fee shall be due and payable triennially commencing January 31, 2003, along with a registration statement on a form provided by the clerk.
B. Any attorney who fails to pay the annual fee shall be summarily suspended, provided a notice of delinquency has been sent to the attorney's last address known to this court at least 30 days prior to such suspension.
C. Any attorney suspended under the provisions above shall be automatically reinstated without further order upon payment of all arrears, unless such suspension has been for a period of five years or more.
D. An attorney who has retired or is not engaged in the practice of law before this court may advise the clerk in writing that he/she desires to assume inactive status and discontinue the practice of law before this court. Upon the filing of such notice, the attorney shall no longer be eligible to practice law in this court and shall not be obligated for further payment of the fee prescribed herein.
E. Upon a filing of a notice to assume inactive status, the attorney shall be removed from the roll of those classified as active until and unless the attorney requests and is granted reinstatement to the active rolls. Reinstatement shall be granted (unless the attorney is then subject to an outstanding order of suspension or disbarment or has been on inactive status for five years or more) upon the payment of any fees due as prescribed by this Rule. [Adopted June 28, 2002]
LR83.2.3W Procedure for Admission
A. Each applicant for admission to the bar of this court shall file with the clerk a written petition
signed by him or her and endorsed by two members of the bar of this court listing the applicant's
residence and office address, his or her general and legal education, the courts that have admitted
him or her to practice, and stating that the applicant is qualified to practice before this court, is of
good moral character, and is not subject to any pending disbarment or professional discipline
procedure in any other court. If the applicant has previously been subject to any disciplinary
proceedings, full information about the proceedings, the charges and the result will be given.
B. The petitioner may then be admitted in open court, in chambers or by mail, and upon taking an oath to conduct himself or herself as an attorney or counselor of this court uprightly and according to law and to support the Constitution of the United States. He or she shall then, under the direction of the clerk, pay the fee required by law and any other fee required by the court. Unless such a motion for admission is made within six months of the filing of the petition, the clerk may destroy the petition and a new petition will be necessary before the applicant can be admitted.
LR83.2.4E & M Rules of Conduct
This court hereby adopts the Rules of Professional Conduct of the Louisiana State Bar
Association , as hereafter may be amended from time to time by the Louisiana Supreme Court,
except as otherwise provided by a specific rule or general order of a court. [Amended June 28,
2002]
LR83.2.4W Rules of Conduct
This court hereby adopts the Rules of Professional Conduct of the Louisiana State Bar
Association , as hereafter may be amended from time to time by the Louisiana Supreme Court,
except as otherwise provided by a specific rule of the courts.
LR83.2.5 Attorney Representation
In all cases before this court, any party who does not appear in proper person must be
represented by a member of the bar of this court, except as set forth below.
LR83.2.6E Visiting Attorneys
Any member in good standing of the bar of any court of the United States or of the highest court
of any state and who is ineligible to become a member of the bar of this court, may, upon written
motion of counsel of record who is a member of the bar of this court, by ex parte order, be
permitted to appear and participate as co-counsel in a particular case.
The motion must have attached to it a certificate by the presiding judge or clerk of the highest court of the state, or court of the United States, where he or she has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that he or she is in good standing therein.
The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against him or her, and if so, shall disclose full information about the proceeding or charges and the results thereof.
An attorney thus permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom he is associated.
Local counsel shall be responsible to the court at all stages of the proceedings.
Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 herein shall not relieve the local counsel of the responsibilities imposed by this rule.
Any member in good standing of the bar of any court of the United States or of the highest court of any state and who is not a member of the bar of this court, may, upon written motion of counsel of record who is a member of the bar of this court, by ex parte order, be permitted to appear and participate as co-counsel in a particular case.
The motion must have attached to it a certificate of recent date from the presiding judge or clerk of the highest court of the state, or court of the United States, where the attorney has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that the applicant is in good standing.
The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against the applicant, and if so, shall disclose full information about the proceeding or charges and the ultimate determination, if any.
The applicant attorney shall pay a $25 fee to the clerk of court and shall submit the following oath: I DO SOLEMNLY SWEAR (OR AFFIRM OR PROMISE) that I will support the Constitution of the United States and that I will demean myself uprightly and according to law and the recognized standards of ethics of the legal profession. I do further solemnly swear (or affirm or promise) that I have read the Federal Rules of Civil Procedure, 28 USC; the Federal Rules of Criminal Procedure, 18 USC; the Federal Rules of Evidence, 28 USC; and the Uniform Local Rules of the United States District Court for the Middle District of Louisiana, and that I am fully prepared to use and abide by them in my practice before this Court.
An attorney permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom the visiting attorney is associated.
Local counsel shall be responsible to the court at all stages of the proceedings.
Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 herein shall not relieve the local counsel of the responsibilities imposed by this rule.
The fee described in this rule is applicable in each case in which the visiting attorney seeks recognition as qualified counsel. [Amended June 28, 2002]
LR83.2.6W Visiting Attorneys
Any member in good standing of the bar of any court of the United States or of the highest court
of any state and who is not a member of the bar of this court, may, upon written motion of
counsel of record who is a member of the bar of this court, by ex parte order, be permitted to
appear and participate as co-counsel in a particular case.
The motion must have attached to it a certificate of recent date from presiding judge or clerk of the highest court of the state, or court of the United States, where the attorney has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that the applicant is in good standing.
The applicant attorney shall state under oath whether any disciplinary proceedings or criminal charges have been instituted against the applicant, and if so, shall disclose full information about the proceeding or charges and the ultimate determination, if any.
The applicant attorney shall pay a $25 fee to the clerk court and shall take the same oath as members of the bar of this court.
An attorney permitted to appear may participate in a particular action or proceeding in all respects, except that all documents requiring signature of counsel for a party may not be signed solely by such attorney, but must bear the signature also of local counsel with whom the visiting attorney is associated.
Local counsel shall be responsible to the court at all stages of the proceedings.
Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 herein shall not relieve the local counsel of the responsibilities imposed by this rule.
The fee described in this rule is applicable in each case in which the visiting attorney seeks recognition as qualified counsel. [Amended December 11, 2001]
LR83.2.7 Waiver by Court Order of Requirements for Local Counsel
In any civil action, a counsel who is ineligible to become a member of the bar of this court
underLR83.2.2 , may be authorized by court order to appear and act for any party without
joinder of local co-counsel when it is shown that:
A. The party would suffer hardship by joinder of local counsel;
B. The obligations and duties of counsel in the particular litigation will be fulfilled.
LR83.2.8 Familiarity With and Compliance With Rules
Everyone who appears in court in proper person and every attorney permitted to practice in this
court shall be familiar with these rules. Willful failure to comply with any of them, or a false
certificate of compliance, shall be cause for such disciplinary action as the court may see fit,
after notice and hearing.
LR83.2.8.1E Familiarity With the Record
Counsel for a party in any civil matter in this court shall be familiar with the substance of all
documents filed in the case and if the case is consolidated with one or more other cases, shall be
familiar with the record of the consolidated cases. It is the responsibility of counsel representing
a party joined in a case after its inception whether by third party complaint or otherwise, or
whose case is consolidated with one or more pending cases, to become familiar with court orders
and with other documents previously filed in the record.
LR83.2.9E Counsel's Failure to Appear
Counsel's failure to appear, or appearing only extremely late, for conferences with the court or
its magistrate judges, or for the argument of motions, trial, or any other proceeding, causes great
inconvenience to the court, opposing counsel, and, in some instances, to witnesses and jurors.
Accordingly, it will be the court's policy to impose costs or sanctions as follows:
A. For failure to appear, or appearing extremely late, at any proceeding before any of the judges
or magistrate judges when the lawyer has been given timely notice of the conference or hearing,
has failed in advance to seek a continuance, and has no adequate excuse:
1. If this is the first time counsel has been delinquent, or if the last time he/she failed to appear
promptly was more than two years ago, he/she shall be ordered to pay a fee in a reasonable
amount to each opposing counsel who has appeared.
2. If this is the second time, and it is within two years of the first, the lawyer will be required to
pay a fee in a reasonable amount to each opposing counsel who has appeared, and will, in
addition, be cited to show cause before a judge of this court why he or she should not be
suspended from practice for a period of time or subjected to some other form of disciplinary action.
3. The fee is not to be waived, nor is it to be returned or taken into account on settlement. It is
not to be billed or charged to a client in any way.
B. For failure without adequate excuse to appear for a trial or a hearing for which witnesses have been summoned, or for unreasonable delay in appearing at such times, the lawyer will be required to show cause why he or she should not be subject to disciplinary action by the court.
LR83.2.10E RULES OF DISCIPLINARY ENFORCEMENT OF THE UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
RULE I JURISDICTION AND GOVERNING RULES
RULE II GROUNDS FOR DISCIPLINARY ACTION
RULE III PROCEDURES
RULE IV DUTIES OF THE CLERK
RULE V DISBARMENT ON CONSENT
RULE VI REINSTATEMENT
RULE VII REGISTRATION STATEMENTS AND FEES
JURISDICTION AND GOVERNING RULES
A. Admission of an attorney to the bar of this court or other authorizations to practice before this court confer disciplinary jurisdiction upon the court.
B. Unless otherwise provided by these or other applicable local rules or otherwise determined by the court, all procedures in disciplinary actions, including discovery, shall be governed by the Federal Rules of Civil Procedure.
C. Nothing contained in these Rules shall be construed to deny to this court such powers as are necessary for the court to maintain control over proceedings conducted before it, such as proceedings for contempt under Title 18 of the United States Code or under Rule 42 of the Federal Rules of Criminal Procedure .
D. The court hereby adopts the Rules of Professional Conduct adopted by the Supreme Court of the State of Louisiana, as amended from time to time by said Supreme Court, except as otherwise provided by specific rule of this court.
GROUNDS FOR DISCIPLINARY ACTION
A. Any attorney authorized to practice before this court may be disbarred or suspended from further practice before this court or subjected to such other disciplinary action as the court finds the circumstances warrant if such attorney:
1. Has been convicted of a serious crime, as same is hereinafter defined, in any court of the
United States or any of its territories, commonwealths, or possessions; the District of Columbia;
or any state of the United States; or
2. Has been convicted of an offense not constituting a "serious crime" or has committed acts or
omissions individually or in concert with any other person or persons, whether or not said acts or
omissions occur in the course of an attorney-client relationship, which violate (1) the laws of the
United States or any territory, commonwealth, or possession thereof; the District of Columbia; or
any state of the United States or (2) the rules of this court or the Louisiana Rules of Professional
Conduct which specifically are adopted by this court; or
3. Has been disbarred or suspended from the practice of law by any court of the United States or
any of its territories, commonwealths, or possessions; the District of Columbia; or any state of
the United States.
B. The term "serious crime" shall include not only any felony, but also any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."
PROCEDURES
A. COMMENCEMENT OF PROCEEDINGS
1. Disciplinary proceedings under these Rules shall be commenced by (1) the filing of a complaint which sets forth a factual statement of the alleged misconduct; (2) a judgment of conviction; or (3) an order of disbarment, suspension, or other discipline imposed by another court on which the proceedings are based.
2. A certified copy of a judgment of conviction of an attorney for a "serious" crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction.
3. Complaints involving conviction of an attorney for an offense not constituting a "serious crime" as defined above or allegations or instances of other misconduct by an attorney shall be referred by the judge to whose attention any such complaint has come to the court en banc for determination by a majority of the active judges of the action to be taken, if any, with respect to such complaint.
4. In any case in which the court en banc determines that a complaint or allegations of misconduct, other than the conviction of a "serious crime," even if substantiated, would not warrant disciplining the attorney involved or should be handled by another forum such as the Office of the Disciplinary Counsel for the Louisiana State Bar Association, such complaint may be disposed of by the court without investigation or other action in such manner and with such formality as it deems appropriate.
5. If the complaint is to be pursued, it shall be docketed for random allotment among the active judges of the court. If a matter is predicated upon a complaint by the allotted judge, it shall be reallotted.
6. The allotted judge will conduct all necessary proceedings in such matters.
1. In disciplinary proceedings based on allegations or instances of misconduct by an attorney other than a criminal conviction for a "serious crime," the allotted judge shall appoint counsel to investigate the matter and to make a report thereon in accordance with the provisions of paragraph (6) hereinafter. The order of appointment shall set forth the alleged misconduct to be investigated.
2. A copy of the order of appointment for investigation, together with a copy of the complaint or judgment of conviction involved, shall be mailed to the respondent-attorney via registered or certified mail, return receipt requested.
3. The term "counsel" as used in these Rules shall refer to the United States Attorney, his/her assistants, and any other member or members of the bar of this court who are appointed to conduct investigations in and/or to institute and prosecute any disciplinary proceedings provided for in these Rules. Counsel appointed pursuant to these Rules shall serve until relieved by the court.
4. Substitute counsel may be appointed when deemed proper by the court. Whenever it appears that any investigatory or prosecuting counsel is then engaged as an adversary of the respondent-attorney in any other matter, the court shall make a substitute appointment.
5. Upon application by appointed counsel, or counsel for the respondent-attorney, the allotted judge may direct the clerk to issue subpoenas and subpoenas duces tecum as may be required in any investigation or proceeding.
6. Counsel shall expedite the investigation and shall deliver a report thereon in writing to the allotted judge. Counsel may include in the report a recommendation for or against institution of disciplinary action and shall give reasons therefor. The court shall not be required to act in accordance with any such recommendation.
1. If after reviewing counsel's report, the court concludes that disciplinary action may be warranted, the respondent-attorney shall be ordered to show cause within 30 days after service of the order to show cause, or at such other designated time, why he/she should not be disbarred or suspended or other discipline imposed. The order to show cause shall be served upon the respondent-attorney by personal service or by registered or certified mail, return receipt requested, along with a copy of the document(s) upon which the disciplinary proceedings are based, i.e., the complaint, the judgment of conviction, or the disciplinary order or judgment of another court, as the case may be.
2. The respondent-attorney shall file a written response within the prescribed time, either admitting or denying the alleged misconduct, conviction, order of disbarment, or suspension or other discipline imposed by another court, together with whatever matters he/she wishes to assert in defense.
3. If any issue of fact is raised by the respondent-attorney's response or if he/she wishes to be heard in mitigation, the matter shall be set for hearing before the allotted judge.
4. For respondent-attorney's failure to file a timely response, the allotted judge may enter an order disbarring or suspending him/her from practice for such failure.
1. The allotted judge shall conduct the hearings and all other necessary proceedings in disciplinary actions and shall make written findings and recommendations to be submitted to the court en banc for its consideration and determination of the final discipline, if any, to be taken.
2. The court's decision shall be evidenced by an order signed for the court by the allotted judge or other such judge of the court as may be designated by the Chief Judge.
3. Whenever suspension from practice is ordered as final discipline, the order shall fix the time when an application for reinstatement may be filed.
E. DISCIPLINARY PROCEEDINGS AGAINST ATTORNEYS CONVICTED OF "SERIOUS" CRIMES
1. Upon the filing with this court of a certified copy of the judgment of conviction of an attorney convicted of a "serious crime," as defined above, the court shall enter an order suspending the convicted attorney, whether such conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, regardless of any pending appeals.
2. Once all appeals from the conviction are concluded, a majority of the active judges will determine, en banc, the final discipline to be imposed in the disciplinary proceeding based on the conviction.
F. REINSTATEMENT UPON REVERSAL OF CONVICTION
An attorney suspended under these Rules shall be reinstated immediately upon the filing of evidence that the underlying conviction has been reversed. However, lifting of the suspension will not terminate any disciplinary proceedings then pending against the attorney, the disposition of which shall be determined on the basis of all available evidence pertaining to the conduct which was the basis of the criminal prosecution, all in accordance with these Rules. In the event of such reversal, the court may appoint counsel to assimilate and report to the court the evidence pertaining to the conduct which was the basis of the criminal prosecution. The investigation and disposition of the alleged misconduct will proceed in accordance with Sections (B) , (C) , and(D)of this Rule.
G. DISCIPLINARY ACTION BY OTHER COURTS
1. Any attorney admitted to practice before this court shall, upon being subjected to public discipline by any other court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth, or possession of the United States, promptly inform the clerk of this court of such action.
2. Upon the filing of a certified or exemplified copy of a judgment or order evidencing the fact that the said attorney has been disciplined by another court, a disciplinary proceeding shall be commenced and shall proceed to finality as provided in Sections (A) through (E) of this Rule.
3. In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this court shall be deferred until such stay expires.
4. After due proceedings had, this court shall impose such discipline as the circumstances warrant, unless the respondent-attorney demonstrates, and this court finds, that upon the face of the record upon which the discipline in another jurisdiction is predicated, it clearly appears that:
a. The attorney was deprived of due process by the lack of proper notice or the opportunity to be
heard; or
b. There was such an infirmity of truth establishing the misconduct as to give rise to the clear
conviction that this court could not, consistent with its duty, accept as final the conclusion on
that subject.
5. In all other respects, a final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this court.
H. PAYMENT OF FEES AND COSTS
1. On completion of his/her services in any disciplinary or other matter under these Rules, court-appointed counsel may make application to this court for an order awarding reasonable fees and reimbursing reasonable and necessary costs and expenses. The court, in fixing the compensation to be awarded, shall apply the in-court and out-of-court hourly rates prescribed in18 U.S.C. § 3006A(d)(1) for determining the compensation of counsel appointed pursuant to the Criminal Justice Act ( 18 U.S.C. § 3006A ) to represent indigent defendants.
2. The cost and expense of any disciplinary proceeding, including counsel's fees as determined by the court, may be assessed to and shall be paid by the respondent-attorney.
I. NOTIFICATION TO CLIENTS AND CLERK
1. Within 21 days from the date on which an order or judgment of suspension or disbarment has become final and within a like period from the date of a notice given to assume inactive status pursuant to the provisions of Rule VII(G) , the attorney so suspended or disbarred or assuming inactive status shall notify by registered or certified mail, return receipt requested, all clients to whom he/she is responsible for pending matters before this court of the fact that he/she cannot continue to represent them.
2. Within 45 days from the date on which any such order or judgment of suspension or disbarment has become final and within a like period from the date of a notice given to assume inactive status, the attorney shall file with the clerk of this court an affidavit stating that he/she has fully complied with the provisions of Rule III(I)(1) above. The affidavit shall also indicate his/her residence or other address to which subsequent communications may be addressed. It shall further be the responsibility of the attorney to keep and maintain records evidencing his/her compliance with this Rule so that proof of compliance will be available if needed for any subsequent proceeding instituted by or against him/her.
J. SERVICE BY MAIL
1. Whenever service of any pleading, order, notice, or other paper upon any respondent-attorney is directed or authorized by these Rules to be made by registered or certified mail, return receipt requested, such service shall be deemed to have been made if the mail is addressed to the respondent-attorney at his/her most recent address appearing in the Roll of Attorneys.
2. Service of any pleading, order, notice, or other paper not required to be served by registered or certified mail may be deemed to have been made when same is addressed and mailed, via ordinary mail, to the respondent-attorney at his/her most recent address appearing in the Roll of Attorneys or in the most recent pleading or other document filed in the disciplinary proceedings by a respondent-attorney appearing pro se.
3. Service of any pleading, order, notice, or other paper may be made upon counsel or respondent's attorney by mailing same to him/her at his/her address appearing in the most recent pleading or other document filed by either in the disciplinary proceedings.
4. Whenever used in these Rules, "Roll of Attorneys" refers to the Roll of Attorneys admitted or otherwise authorized to practice in this court.
K. CONFIDENTIALITY
1. Complaints of misconduct, disciplinary proceedings, and the records therein, except orders of disbarment, suspension, reprimand, or other disciplinary sanctions, shall not be made public except on order of the court.
2. To preserve confidentiality, all proceedings shall be heard in chambers, unless respondent-attorney requests a hearing in open court.
DUTIES OF THE CLERK
A. Upon being informed that an attorney admitted to practice before this court has been convicted of any crime, the clerk of this court shall promptly obtain and file with this court a certified copy of the judgment of such conviction.
B. Upon being informed that an attorney admitted to practice before this court has been subjected to discipline by another court, the clerk of this court shall promptly obtain and file with this court a certified copy of such disciplinary judgment or order.
C. Whenever it appears that any person convicted of any crime, disbarred, suspended, censured, or disbarred on consent by this court is also admitted to practice law in any other jurisdiction or before any other court, the clerk of this court shall, within 10 days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certified copy of the judgment of such conviction or order of disbarment, suspension, censure, or disbarment on consent, as well as the last office and residence addresses of the defendant or respondent-attorney shown on the Roll of Attorneys.
D. The clerk of court shall, likewise, promptly notify the National Discipline Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this court.
DISBARMENT ON CONSENT
A. DISBARMENT ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION
OR PROSECUTION IN THIS COURT
1. Any attorney admitted to practice before this court who is the subject of a disciplinary
investigation pursuant to these Rules or a disciplinary proceeding pending in this court may
consent to disbarment, but only by delivering to this court an affidavit stating that the attorney
desires to consent to disbarment and that:
a. The attorney's consent is freely and voluntarily rendered; the attorney is not being subjected to
coercion or duress; and the attorney is fully aware of the implications of so consenting;
b. The attorney is aware that there is presently pending an investigation or proceeding involving
allegations that there exist grounds for the attorney's discipline, the nature of which the attorney
shall specifically set forth;
c. The attorney acknowledges that the material facts so alleged are true; and
d. The attorney so consents because the attorney knows that if charges were predicated upon the
matters under investigation, or if a disciplinary proceeding so based was prosecuted, the attorney
could not successfully defend himself/herself.
2. Upon receipt of the required affidavit, this court shall enter an order disbarring the attorney. The affidavit required under the provisions of this Rule shall not be publicly disclosed or made available for use in any other proceeding except upon court order.
B. DISBARMENT ON CONSENT OR RESIGNATION IN OTHER COURTS
Any attorney admitted to practice before this court who has been disbarred on consent or
resigned from the bar of any other court of the United States or the District of Columbia, or from
the bar of any state, territory, commonwealth, or possession of the United States while an
investigation into allegations of misconduct is pending shall promptly inform the clerk of this
court of such disbarment, and the clerk shall obtain a certified copy of the judgment or order of
disbarment on consent or resignation to be filed in this court. Upon filing, such attorney shall
cease to be permitted to practice before this court and shall be stricken from the Roll of
Attorneys.
REINSTATEMENT
A. REINSTATEMENT REQUIRED BEFORE RESUMING PRACTICE
No attorney who, by reason of final discipline imposed by the court, has been suspended or
disbarred, or who has been disbarred by consent pursuant to the provisions of Rule V , may
resume practice before the court until he/she has made written application for reinstatement and
has been ordered reinstated by the court.
B. TIME FOR FILING APPLICATION FOR REINSTATEMENT
After expiration of the period of suspension fixed in the order of suspension, the suspended
attorney may file his/her application for reinstatement. An attorney who has been disbarred after
hearing or by consent may not apply for reinstatement until the expiration of at least five years
from the effective date of the disbarment, unless the disbarment was based upon a disbarment by
the Louisiana Supreme Court or a court of another jurisdiction, in which event, an application for
reinstatement may be filed at any time after readmission of the applicant by the Louisiana
Supreme Court or such other court.
C. HEARING ON APPLICATION
1. An application for reinstatement shall be filed with the clerk of this court, who shall refer
same to the judge to whom the disciplinary proceeding or consent to disbarment had been
allotted. In the event such judge is unavailable or unable to act, the application shall be randomly
reallotted. A hearing on the application shall be held promptly.
2. The applicant shall have the burden of demonstrating by clear and convincing evidence that he/she has the moral qualifications, competency, and learning in the law required for readmission to practice law before this court and that his/her resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice or subversive of the public interest. Final determination of the application for reinstatement shall be made by a majority of the active judges en banc after receipt of the written findings and recommendation of the hearing judge.
D. APPOINTMENT OF COUNSEL
The court, in its discretion, may appoint counsel to oppose or otherwise respond to any
application for reinstatement.
E. ASSESSMENT OF COSTS
A non-refundable advance deposit in an amount to be set from time to time by the court shall accompany the filing of any petition for reinstatement, said advance to be applied to the final costs, including any counsel fees, of the reinstatement proceeding as may be determined by the court. Said costs shall be assessed to and paid by the applicant upon conclusion of such proceeding, whether favorable or unfavorable to him/her.
F. CONDITIONS OF REINSTATEMENT
If the applicant is found unfit to resume the practice of law, the application shall be dismissed at
the applicant's cost. If the applicant is found fit to resume the practice of law, the judgment shall
reinstate the applicant and may make reinstatement conditional upon the payment of all or part of
the costs of the proceedings and upon the making of partial or complete restitution to parties
harmed by the applicant whose conduct led to the suspension or disbarment, as well as such
other conditions deemed proper by the court, provided that if the applicant has been suspended
or disbarred or has voluntarily assumed inactive status for five years or more, in the discretion of
a majority of the active judges, reinstatement may be further conditioned upon the furnishing of
proof of competency and learning in the law, which proof may include certification by the Bar
Examiners of the State or other admitting jurisdiction of the attorney's successful completion of
an examination for admission to practice subsequent to the date of suspension or disbarment. The
judgment shall require appropriate evidence of satisfaction of any conditions of reinstatement
imposed and shall fix the time at which the reinstatement shall be effective.
G. SUCCESSIVE APPLICATIONS
No application for reinstatement under this Rule shall be filed within one year following an
adverse judgment upon an application for reinstatement filed by or on behalf of the same person.
REGISTRATION STATEMENTS AND FEES
A. For the year 1987 and for every calendar year thereafter, every attorney admitted to practice before this court shall pay to the clerk of this court an annual fee of $5.00 to be made part of a fund to be used to defray the expense of administration and enforcement under these Rules and for such other uses and purposes which the court may determine to be in furtherance and in aid of the court's functions and operations and the practice of law before the court. Such fee shall be due and payable triennially in the amount of $15.00 not later than March 1 of the calendar year in which such payment is required to be made, the first of such payments to be made not later than March 1, 1987.
1. All persons first becoming subject to these Rules by admission to practice before this court
after December 31, 1986, shall make the aforesaid $15.00 triennial payment at the time of
admission. Such fee shall not be prorated within any calendar year, but an attorney first admitted
in the second or third year of any triennial period shall be required to make proportionate
payment only for those years of such period in which the attorney's membership in the bar is
effective.
2. Payment of a fee of $5.00 shall be a condition precedent to each admission pro hac vice by
any attorney not otherwise admitted to the bar of this court, unless a similar fee has been paid to
another court of the United States and satisfactory evidence thereof has been submitted to the
clerk.
B. Any attorney who fails to timely pay the fee required under (A) above shall be summarily suspended, provided a notice if delinquency has been sent to the attorney by first class mail to his/her last address appearing in the Roll of Attorneys of the bar of this court at least 30 days prior to such suspension.
C. Any attorney suspended under the provisions of (B) above shall be reinstated without further order upon payment of all arrears.
D. To facilitate the keeping of an accurate Roll of Attorneys, every attorney subject to these Rules shall, on or before March 1, 1987, and triennially thereafter on or before the first day of March, file with the clerk of this court a registration statement on a form prescribed and supplied by the clerk setting forth the attorney's current residence and office addresses; his/her Bar Roll number; and the bars of all states, territories, districts, commonwealths, or possessions or other courts of the United States to which the attorney is admitted and the dates of such admissions. In addition, every attorney subject to these Rules shall file a supplemental statement of any change in the aforesaid information previously submitted within 30 days of such change. All persons first becoming subject to these Rules by admission to practice before this court after December 31, 1986, shall file the registration statement required by this Rule at the time of such admission. Upon request, the clerk will provide a certificate of compliance.
E. Within 30 days of receipt of a statement or supplemental statement and of payment of the aforesaid fee in accordance with the provisions of (A) and (D) above, the clerk shall acknowledge receipt thereof in appropriate form so as to enable the attorney, on request, to demonstrate compliance with the requirements of (A) and (D) above.
F. Any attorney who fails to file the attorney registration statement or supplemental statement as required above shall be summarily suspended, provided a notice of delinquency has been sent to the attorney by first class mail addressed to the attorney's current address as appearing in the Roll of Attorneys of the bar of this court at least 30 days prior to such suspension. The attorney shall remain suspended until he/she has complied with these Rules, whereupon the attorney shall be reinstated without further order.
G. An attorney who has retired or is not engaged in the practice of law before this court may advise the clerk in writing that he/she desires to assume inactive status and discontinue the practice of law before this court. Upon the filing of such a notice, the attorney shall no longer be eligible to practice law in this court and shall not be obligated for further payment of the fee prescribed herein or for filing the attorney registration statement every three years as required by this Rule for active practitioners.
H. Upon the filing of a notice to assume inactive status, the attorney shall be removed from the roll of those classified as active until and unless he/she requests and is granted reinstatement to the active rolls. Reinstatement shall be granted (unless the attorney is then subject to an outstanding order of suspension or disbarment or has been on inactive status for five years or more) upon the payment of any fees due as prescribed by this Rule and the submission of a current registration statement. Reinstatement to active status of an attorney who has been on voluntary inactive status for five years or more shall be governed by the provisions of Rule VIrelating to reinstatement to practice before the court.
I. The fees and costs paid pursuant to these Rules shall be received and maintained by the clerk as trustee thereof in separate interest bearing, federally insured accounts with such depositories as the court may from time to time approve or said fees and costs may be invested in obligations of the United States. Funds so held shall be disbursed only pursuant to the orders of the court and at no time shall they be deposited into the Treasury of the United States.
LR83.2.10.1E Practicing Before Admission or During Suspension
Any person who exercises in any proceeding in this court any of the privileges of a member of
the bar or who pretends to be entitled to do so before his or her admission to the bar of this court,
or during his or her disbarment or suspension, is in contempt of court and subjects himself or
herself to disciplinary action.
LR83.2.10M Suspension and Disbarment
Any person admitted to practice before the court shall give written notice to the clerk of:
1. His/her disbarment or suspension by any court or bar association; and
2. His/her conviction of any felony.
Pending any appeal of the conviction, suspension or disbarment, a member of the bar may be suspended from further practice before this court.
Any member of the bar of this court may be disbarred or otherwise disciplined after such hearing as the court may in each particular instance direct, but any member of this bar who has been disbarred or dropped, or hereafter may be disbarred or dropped, from the Bar of the State of Louisiana, shall be dropped from the bar of this court and his/her name stricken from the roll. [Amended June 28, 2002]
LR83.2.10W Attorney Discipline
A. Initiation of Disciplinary Proceedings
1. Any judge of this Court may initiate disciplinary proceedings, including fine, suspension or disbarment, pursuant to this section. The judge may take action directly under subsection B 2. of this rule or, when appropriate, by submitting the matter to a Special Master, a United States Magistrate Judge or the Chief Judge of this court for a hearing prior to action under subsection B 2.
2. A complaint of attorney misconduct initiated by one other than a judge of this Court shall be filed in writing under oath with the Clerk of the Court, who shall immediately refer the matter to the Chief Judge or the Chief Judge's Article III designee, who shall make such inquiry as is appropriate. The Chief Judge or his designee shall then report to the active judges of this Court his recommended findings of fact and proposed action pursuant to subsection B 2.
3. Any person admitted to practice before this court shall give written notice to the Clerk of Court of any adverse action affecting his or her practice of law within thirty (30) days of such adverse action, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the adverse action. In this context "adverse action" is defined as (a) the filing of formal public charge against him or her by any bar association or committee thereof; (b) issuance of a public reprimand, fine, suspension or disbarment by any court or bar association or any committee thereof; or (c) the conviction of any felony or of any misdemeanor involving such person's practice of law. The Clerk of Court shall refer all notices of adverse action to the Chief Judge or Article III designee of the Chief Judge.
B. Disciplinary Action
1. If another federal court or the Supreme Court of the State of Louisiana takes adverse action against an attorney in the form of a suspension or disbarment of such attorney, this Court may take the same action against such attorney in this court. Nothing in this provision shall prevent this Court, by majority vote, from taking different action as a result of such adverse action by such other court.
2. All other disciplinary proceedings initiated under Section A above shall be submitted to the active judges of this Court. Action on the proceedings shall be by a majority vote of the active Article III judges of this Court in a regular or special meeting or in conference call.
C. Temporary Suspension
Any judge of this Court may, pursuant to the inherent powers of the Court, the Federal Rules or the United States Code, fine or suspend for a period not to exceed ninety (90) days, for good cause shown, any member of the bar of this Court without regard to any of the formalities set forth above in this rule, in addition to the right of the Court to exercise judicial control as set forth in Section E of this rule.
D. Re-Admission
1. In the event of disbarment.
(a) In the event that any member of the bar of this Court has been disbarred, he or she may petition the active judges of the Court for re-admission by filing a petition for re-admission with the Clerk of Court setting forth the reasons for the original disbarment, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney disbarred, and the reasons why re-admission should be granted, and
(b) The petition for re-admission shall be submitted to the active judges of this Court who shall either grant or deny the petition or refer the same to a Special Master of Magistrate Judge for a report and recommendation. Final action shall be by majority vote of the active judges of the Court as provided in (d)(1)(D) and (E).
(c) No petition for re-admission shall be filed sooner than two (2) years from the date of the disbarment or from the date of a denial of a petition for re-admission, unless the order denying the petition for re-admission specifies another time period.
(d) A decision on re-admission shall be made by a majority vote of all active Article III judges after consultation at a regular or special meeting or by telephone conference.
(e) An attorney may, in the event of exigent circumstances, and documentation with good cause shown, petition the Court for review in an expedited fashion. Such request shall include full written reasons for the stated request. Failure to comply fully with all filing requirements will result in the filing being denied as insufficient by the Clerk of Court and returned without review. Upon receipt of properly filed documents for request for expedited review, the Clerk of Court shall forward the petition and all accompanying and all relevant documentation, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney disbarred, in normal course, to the Chief Judge who will, within his or her discretion, determine if expedited review is warranted. Request for expedited review in no way entitles the filer to expedited review.
(f) If the Chief Judge determines expedited review is warranted, he or she shall proceed as in subsection B 2.
2. In the event of suspension.
(a) If a member of this bar is suspended, the member of the bar so suspended must file a petition for reinstatement setting forth the reasons for the original suspension, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney suspended, and the reasons why reinstatement should be granted.
(b) If a definite time is set in the order of suspension, a petition for reinstatement may be filed after the passing of such time.
(c) If no time is set in the order of suspension, a petition for reinstatement by a suspended bar member may not be filed sooner than two (2) years after the order of suspension or two (2) years from the date of denial of a previous petition for reinstatement, unless the previous order denying reinstatement sets forth a different time period.
(d) A decision on reinstatement shall be made by a majority vote of the judges after consultation, either at a regular or special meeting or by telephone conference.
(e) An attorney may, in the event of exigent circumstances, and documentation with good cause shown, petition the Court for review in an expedited fashion. Such request shall include full written reasons for the stated request. Failure to comply fully with all filing requirements will result in the filing being denied as insufficient by the Clerk of Court and returned without review. Upon receipt of properly filed documents for request for expedited review, the Clerk of Court shall forward the petition and all accompanying and all relevant documentation, including copies of the documents of the Louisiana Supreme Court, or any other acting body, declaring the attorney suspended, in normal course, to the Chief Judge who will, within his or her discretion, determine if expedited review is warranted. Request for expedited review in no way entitles the filer to expedited review.
(f) If the Chief Judge determines expedited review is warranted, he or she shall proceed as in subsection B 2.
E. Judicial Control
Nothing in this rule shall be read to limit the inherent powers of a judge to control litigation, nor to limit the powers to impose fines, penalties and sanctions granted under the Federal Rules, United States Code or as otherwise authorized by law. Imposition of fines, penalties and sanctions otherwise so authorized may occur, without the imposing judge being required to "initiate disciplinary proceedings" within the meaning of Section A of this rule. [Adopted December 3, 2004]
LR83.2.11 Continuing Representation, Withdrawals, Substitution of Counsel
The original counsel of record shall be held to represent the party for whom he or she appears
unless the court permits him or her to withdraw from the case. He or she may obtain permission
only upon joint motion to substitute counsel or upon a written motion served on opposing
counsel and the client before the court acts. If other counsel is not thereby substituted, the motion
to withdraw shall contain the present address of the client and the client's telephone number if
the client can be reached by telephone. The motion shall be accompanied by a certificate of
service, including a statement that the client has been notified of all deadlines and pending court
appearances, on both the client by certified mail and opposing counsel, or an affidavit stating
why service has not been made.
LR83.2.12 Additional Counsel
Where counsel has appeared for any party, other counsel may appear for the same party only:
A. Upon motion of counsel of record for that party, or motion consented to by him/her; or
B. Upon motion, after counsel for the party has been permitted to withdraw or has died, or is
incapacitated, or cannot be found; or
C. Upon motion of a party after notice to counsel of record and a hearing thereon.
LR83.2.13 Appearances by Law Students
Limited appearances by law students, if the person on whose behalf he or she is appearing has
consented to that appearance in writing and the supervising lawyer has also approved the
appearance in writing, are allowed in any civil matter in which a fee is not provided for or could
not reasonably be anticipated; and in a criminal matter on behalf of an indigent defendant.
An eligible law student may also appear in any criminal matter on behalf of the United States with the written approval of both the prosecuting attorney or his or her authorized representative and the supervising lawyer. Insofar as practicable, the legal services of law students in criminal practice shall be divided equally between prosecution and defense.
The written consent and approval referred to above shall be filed in the record of the case and shall be brought to the attention of the judge.
The supervising lawyer or the prosecuting attorney must personally be present throughout the proceedings and shall be responsible for the manner in which they are conducted.
A. Prerequisites to Law Student Appearances
In order to make an appearance pursuant to this rule, the law student must:
1. Be duly enrolled in a law school in this state approved by the American Bar Association;
2. Have completed four (4) full-time semesters of legal studies or the equivalent if the school is
on some basis other than a semester basis;
3. Be certified by the dean of his or her law school as being of good moral character, competent
legal ability, and adequately trained to perform as a legal intern;
4. Be introduced to the court by an attorney admitted to practice in this court;
5. Neither ask for nor receive remuneration of any kind for services;
6. Take the following oath:
"I, , do solemnly swear that I will support the Constitution of the United States and of the State
of Louisiana and have read and am familiar with the Code of Professional Responsibility of the
Louisiana State Bar Association, and I understand that I am bound by the precepts therein
contained as fully as if I were admitted to the practice of law in Louisiana; and that I further
accept the privileges granted to me as well as the responsibilities which will devolve upon me, so
that I may be more useful through my clinical education in the service of justice."
B. Certification of Students
The certification of a student by the law school dean:
1. Shall be filed with the clerk and, unless sooner withdrawn, it shall remain in effect for twelve
(12) months after it is filed, or until the announcement of the results of the first bar examination
following the student's graduation, whichever comes earlier. For any student who passes that
examination or who is admitted to the bar without taking an examination, the certification shall
continue in effect until the date he or she is admitted to the bar;
2. May be withdrawn by the dean at any time by mailing a notice to that effect to the clerk. The
notice need not state the cause for withdrawal;
3. May be terminated by this court at any time without notice or hearing and without any
showing of cause. Notice of the termination may be filed with the clerk.
C. Supervision of Students
The member of the bar under whose supervision an eligible law student works shall:
1. Be admitted to practice before this court, and be approved by the dean of the law school in
which the law student is enrolled for service as a supervising lawyer for this program;
2. Assume personal professional responsibility and liability for the student's guidance in any
work undertaken and for supervising the quality of the student's work;
3. Assist the student in his or her preparation.
LR83.2.14M & W Courtroom Decorum
The purpose of this rule is to emphasize, not to supplant, certain portions of those ethical principles applicable to the lawyer's conduct in the courtroom. In addition to the other requirements, therefore, lawyers appearing in this court shall:
1. Stand as court is opened, recessed or adjourned.
2. Stand when the jury enters or retires from the courtroom.
3. Stand when addressing, or being addressed by, the court.
4. Stand at the lectern while examining any witness; except that counsel may approach the clerk's desk or the witness for purposes of handling or tendering exhibits.
5. Stand at the lectern while making opening statements or closing arguments.
6. Address all remarks to the court, not to opposing counsel.
7. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses.
8. Refer to all persons, including witnesses, other counsel and the parties by their surnames and not by their first or given names.