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The Louisiana Attorney Disciplinary Board e-Newsletter.
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Click to print or view online.
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August 2022
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NOTA BENE, Latin for "note well." Each month N.B. will feature ethics, professionalism and board developments.
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2022-2023 Annual Requirements
If you have not yet updated your Trust Account Disclosure and Overdraft Notification Authorization Form as required under La. Sup. Ct. Rule XIX, Sec. 8, please do so now via the LADB Trust Account website. This process takes only a few minutes. If you fail to submit your Trust Account Disclosure and Overdraft Notification Authorization Form by the close of business on Wednesday, August 31, 2022, you will incur a $25.00 delinquency penalty.
To avoid being certified as ineligible, submit your trust account information no later than the close of business on Friday, September 16, 2022. If you are certified as ineligible, a reinstatement fee of $25.00, in addition to the delinquency penalty, will apply.
No Trust Account? Emeritus status? Rule XIX still requires that you file your Trust Account Disclosure Form. Please follow the instructions provided on the LADB Trust Account website.
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Burden of Proof in Disciplinary Matters: Clear and Convincing
In formal charge matters, the Office of Disciplinary Counsel must prove misconduct by clear and convincing evidence.
Clear and convincing evidence is defined as “evidence indicating that the thing to be proved is highly probable or reasonably certain. This is a greater burden than preponderance of the evidence, the standard applied in most civil trials, but less than evidence beyond a reasonable doubt, the norm for criminal trials.” Black’s Law Dictionary 596 (8th ed. 2004).
In reinstatement and readmission matters, the attorney seeking to be reinstated or readmitted following suspension for more than one year or disbarment, must prove by clear and convincing evidence that the attorney meets the requirements set forth in La. S. Ct. Rule XIX, Sec. 24.
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Louisiana Attorney Disciplinary Board
2800 Veterans Memorial Boulevard Suite 310, Metairie, LA 70002
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The LADB provides information on its website, through its learning initiatives and its various publications as a service to the public. The content provided is for informational purposes only and should not be construed as legal advice. Any views or opinions expressed by individuals featured on the LADB website, in any LADB publication, or as part of any learning initiative are attributable to those individuals and do not state the views or opinions of the LADB. The LADB makes no warranty or guarantee concerning the accuracy, reliability or completeness of the content in its publications, offered through its learning initiatives, on its website or any third-party websites to which it links. ©2019 Louisiana Attorney Disciplinary Board. Please direct comments to webmaster@ladb.org
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