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Rule 16. Types of Discipline and Costs.
(a) Discipline Imposed by the Court or Board. A finding of misconduct by the Court or Board will be grounds for
(1) disbarment by the Court; or
(2) suspension by the Court for a period not to exceed five years; or
(3) probation imposed by the Court; or
(4) public censure by the Court; or
(5) reprimand by the Disciplinary Board.
(b) Discipline Imposed by the Board or Bar Counsel. When Bar Counsel has made a finding that misconduct has occurred, the following discipline may be imposed:
(1) reprimand in person by the Board, pursuant to Rule 10(c)(8); or
(2) written private admonition by Bar Counsel, pursuant to Rule 11(a) (12).
(c) Restitution; Reimbursement; Costs. When a finding of misconduct is made, in addition to any discipline listed above, the Court or the Board may impose the following requirements against the Respondent:
(1) restitution to aggrieved persons or organizations;
(2) reimbursement of the Lawyers' Fund for Client Protection; or
(3) payment of the costs, including attorney's fees, of the proceedings or investigation or any parts thereof. In imposing costs and fees, consideration shall be given to the following factors:
(A) the complexity of the disciplinary matter;
(B) the duration of the case;
(C) the reasonableness of the number of hours expended by Bar Counsel and the reasonableness of the costs incurred;
(D) the reasonableness of the number of Bar Counsel used;
(E) Bar Counsel's efforts to minimize fees;
(F) the reasonableness of the defenses raised by the Respondent;
(G) vexatious or bad faith conduct by the Respondent;
(H) the relationship between the amount of work performed by Bar Counsel and the significance of the matters at stake;
(I) the financial ability of the Respondent to pay attorney's fees; and
(J) the existence of other equitable factors deemed relevant.
(d) Conditions. Written conditions may be attached to a reprimand or to a private admonition. Failure to comply with such conditions will be grounds for reconsideration of the matter by the Board or Bar Counsel.
(Added by SCO 176 dated February 26, 1974; amended by SCO 345 ยง 8 effective April 1, 1979; by SCO 438 effective November 1, 1980; and rescinded and repromulgated by SCO 614 effective January 1, 1985; amended by SCO 658 effective March 15, 1986; by SCO 962 effective July 15, 1989; by SCO 1037 effective January 15, 1991; by SCO 1048 effective nunc pro tunc September 12, 1990; by SCO 1233 effective July 15, 1996; and by SCO 1313 effective July 15, 1998)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999