XIX § 26 Notice to Clients, Adverse Parties, and Other Counsel.

A. Recipients of Notice; Contents.

1. Within thirty days after the date of the court order imposing discipline, transfer to disability inactive status, or voluntary resignation, a respondent who permanently resigns in lieu of discipline, a respondent who permanently retires, or a respondent who is disbarred, transferred to disability inactive status, placed on interim suspension, or actively suspended shall notify or cause to be notified by written or electronic means as defined herein, the following people:

(1) all clients being represented in pending matters;

(2) any co-counsel in pending matters; and

(3) any opposing counsel in pending matters, or in the absence of opposing counsel, the adverse parties,

of the order of the court and that the lawyer is therefore disqualified to act as lawyer after the effective date of the order.

The notice to be given to the lawyer(s) for an adverse party, or, in the absence of opposing counsel, the adverse parties, shall state the place of residence of the client of the respondent.

2. The Notice to a client provided shall include the following:

a. the discipline imposed and duration;

b. a copy of the order of disbarment, suspension, or change in status;

c. the impact on representation, including if the lawyer has withdrawn;

d. notification that the client has the ability to retain new counsel;

e. the client’s entitlement to receive all papers and property back and instructions for how to retrieve the same; and

f. an entitlement to a refund of any unearned fees, if applicable, and how to obtain the same.

B. Method of Written Notice

Notification may be made by:

1. Written notice sent by mail to the client’s or opposing counsel’s last known address, sent either via certified mail or common carrier, delivery confirmation required;

2. Electronic notice sent to:

a. Opposing counsel at the email address utilized in the representation or listed on the Louisiana State Bar Association’s Attorney Directory and the respondent receives proof of transmission of the electronic notice;

b. The client, at the client’s last known email address provided that:

i. The respondent has previously communicated with the client using that email address;

ii. The respondent receives proof of transmission of the electronic notice.

c. If the respondent learns that the electronic notice was not received, notice must be attempted via written notice.

d. Proof of transmission may be established through read receipt, delivery confirmation, or system log.

The respondent shall submit to the Office of Disciplinary Counsel, within 30 days of the effective date of the order, an affidavit stating the method in which all clients and counsel have been notified and the methods used. The respondent must maintain copies of proof of transmission for one calendar year after the respondent is reinstated or readmitted to the practice of law. Failure to comply with this Section may constitute misconduct and grounds for further disciplinary action.

C. Special Notice. The court may direct the issuance of notice to such financial institutions or others as may be necessary to protect the interests of clients or other members of the public.

D. Duty to Maintain Records. The respondent shall keep and maintain records of the steps taken to accomplish the requirements of paragraphs A and B, and shall make those records available to the disciplinary counsel on request. Proof of compliance with this section will be a condition precedent to consideration of any petition for reinstatement or readmission.

E. Return of Client Property. The respondent shall deliver to all clients being represented in pending matters any papers or other property to which they are entitled and shall notify them and any counsel representing them of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property.

F. Effective Date of Order; Refund of Fees. Court orders imposing discipline or transfer to disability inactive status are effective in accordance with La. C.C.P. Art. 2167, unless otherwise ordered. Orders imposing discipline in accordance with Section 20, orders which impose an interim suspension, and permanent resignation orders are effective immediately, unless otherwise ordered by the court. The respondent shall refund within thirty days after entry of the order any part of any fees paid in advance that has not been earned.

G. Withdrawal from Representation. In the event the client does not obtain another lawyer before the effective date of the disbarment or suspension, it shall be the responsibility of the respondent to move in the court or agency in which the proceeding is pending for leave to withdraw. The respondent shall in that event file with the court, agency or tribunal before which the litigation is pending a copy of the notice to opposing counsel or adverse parties.

H. New Representation Prohibited. Prior to the effective date of the order, if not immediate, the respondent shall not agree to undertake any new legal matters between service of the order and the effective date of the discipline.

I. Affidavit Filed with Court. Within thirty days after the effective date of the disbarment or suspension order, order of transfer to disability inactive status, or order of permanent resignation, the respondent shall file with this court an affidavit showing:

(1) Compliance with the provisions of the order and with these rules;

(2) All other state, federal and administrative jurisdictions to which the lawyer is admitted to practice;

(3) Residence or other addresses where communications may thereafter be directed; and

(4) Service of a copy of the affidavit upon disciplinary counsel.