Disciplinary Proceedings
The Louisiana Attorney Disciplinary Board (LADB) is responsible for investigating and prosecuting complaints of misconduct against Louisiana attorneys. The LADB has the authority to impose a range of disciplinary sanctions, including disbarment, suspension, and reprimand.
Any person may file a complaint against a Louisiana attorney. The complaint must be in writing and must contain specific allegations of misconduct. The LADB will investigate the complaint and, if it finds probable cause, will file a formal complaint with the Louisiana Supreme Court.
Types of Misconduct
The types of misconduct that can lead to disciplinary action include:
- Violations of the Louisiana Rules of Professional Conduct
- Criminal convictions
- Dishonesty, fraud, or deceit
- Negligence or incompetence
- Failure to maintain client funds in a separate trust account
- Unauthorized practice of law
Disciplinary Sanctions
The LADB may impose a range of disciplinary sanctions, depending on the severity of the misconduct. The most severe sanction is disbarment, which permanently prohibits the attorney from practicing law in Louisiana. Other sanctions include:
- Suspension from practice for a period of time
- Reprimand
- Probation
- Restitution to clients
- Continuing legal education
Board Composition and Responsibilities
The Louisiana Attorney Disciplinary Board (LADB) is a diverse body tasked with upholding the ethical standards of the legal profession in the state. It consists of 15 members appointed by the Louisiana Supreme Court, including lawyers, non-lawyers, and at least one member from the judiciary.
Board members play a crucial role in ensuring the integrity of the legal profession. They investigate allegations of misconduct, review complaints against attorneys, and make recommendations to the Louisiana Supreme Court regarding disciplinary actions. The board also develops and implements policies related to attorney discipline, including continuing legal education requirements and ethical guidelines.
Appointment and Removal of Board Members
LADB members are appointed for staggered four-year terms, with no member serving more than two consecutive terms. The Louisiana Supreme Court appoints members based on their experience, reputation, and commitment to upholding the highest ethical standards.
The court may remove a board member for cause, such as misconduct, neglect of duty, or a conflict of interest.
Investigative Process
The investigative process begins when a complaint is filed with the Louisiana Attorney Disciplinary Board (LADB). The complaint may be filed by a client, a judge, or another attorney. Once a complaint is filed, the LADB will review the complaint to determine if it is within its jurisdiction and if there is probable cause to believe that the attorney has violated the Rules of Professional Conduct.
If the LADB finds that there is probable cause, it will appoint an investigator to conduct an investigation. The investigator will interview the complainant, the attorney, and any other witnesses. The investigator may also subpoena documents and other evidence.
Subpoenas
Subpoenas are court orders that require a person to produce documents or other evidence. The LADB may issue subpoenas to obtain evidence from attorneys, clients, and other witnesses. If a person fails to comply with a subpoena, the LADB may ask the court to hold the person in contempt.
Office of Disciplinary Counsel
The Office of Disciplinary Counsel (ODC) is responsible for investigating complaints against attorneys. The ODC is staffed by attorneys who are experienced in legal ethics and investigations. The ODC works closely with the LADB to ensure that complaints are investigated thoroughly and fairly.
Formal Proceedings
Formal disciplinary proceedings are initiated when the Louisiana Attorney Disciplinary Board (LADB) files a formal complaint with the Louisiana Supreme Court. The complaint alleges specific violations of the Louisiana Rules of Professional Conduct and requests that the Court impose discipline on the attorney.
The Louisiana Supreme Court then appoints a hearing committee to conduct a hearing on the complaint. The hearing committee is composed of three attorneys and two non-attorneys. The hearing committee has the authority to subpoena witnesses, take testimony, and make findings of fact and conclusions of law.
Presenting Evidence and Cross-Examining Witnesses
At the hearing, the LADB presents evidence to support the allegations in the complaint. The attorney has the right to be represented by counsel, present evidence, and cross-examine witnesses. The hearing committee may also call witnesses and ask questions of the parties.
Disciplinary Actions
The Louisiana Attorney Disciplinary Board has the authority to impose a range of disciplinary actions against attorneys who have violated the Rules of Professional Conduct. These actions include:
- Public reprimand
- Suspension from practice
- Disbarment
The board considers several factors when determining the appropriate sanction, including:
- The nature of the misconduct
- The attorney’s prior disciplinary history
- The attorney’s remorse and cooperation
- The impact of the misconduct on the public
An attorney who has been disciplined by the board may appeal the decision to the Louisiana Supreme Court. The Supreme Court will review the board’s decision to determine if it was supported by the evidence and if the sanction was appropriate.
Reinstatement Process
Attorneys who have been disbarred or suspended may apply for reinstatement to the Louisiana Bar Association.
The reinstatement process involves several steps and requirements, including:
Petition for Reinstatement
The attorney must file a petition for reinstatement with the Louisiana Supreme Court.
The petition must include:
- A statement of the reasons for the disbarment or suspension
- A description of the attorney’s conduct since the disbarment or suspension
- Evidence of the attorney’s rehabilitation
- A statement of the attorney’s intent to resume the practice of law
Investigation and Hearing
The Louisiana Attorney Disciplinary Board will investigate the petition and conduct a hearing.
The hearing will consider the following factors:
- The nature of the misconduct that led to the disbarment or suspension
- The attorney’s conduct since the disbarment or suspension
- The attorney’s rehabilitation
- The attorney’s intent to resume the practice of law
Decision
After the hearing, the Louisiana Attorney Disciplinary Board will make a recommendation to the Louisiana Supreme Court.
The Louisiana Supreme Court will then make a final decision on whether to reinstate the attorney.
