Thursday, May 29, 2008
The Louisiana Supreme Court has adopted a new provision of its unauthorized practice rule that governs attorneys who employ suspended attorneys under circumstances where the employing lawyer "knows or reasonably should know" of the status of the sanctioned lawyer. Under the prior rule (which is unchanged), no disbarred lawyer may be so employed. The rule also had and still requires that the employer notify the Office of Disciplinary Counsel of the arrangement and file registrstion forms. The employing attorney must prohibit access to trust funds by such persons and must notify the ODC if the employment terminates.
The new aspect of the rule is that it now also applies to employment of lawyers on disability inactive status. (Mike Frisch)