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                          ELC 13.7
                         RESTITUTION


(a)  Restitution May Be Required.  A respondent lawyer who
has been sanctioned under rule 13.1 or admonished under rule
13.5(b) may be ordered to make restitution to persons
financially injured by the respondent’s conduct.

(b) Payment of Restitution.

  (1) A respondent ordered to make restitution must do
      so within 30 days of the date on which the decision
      requiring restitution becomes final, unless the
      decision provides otherwise or the respondent enters
      into a periodic payment plan with disciplinary counsel.

  (2) Disciplinary counsel may enter into an agreement
      with a respondent for a reasonable periodic payment
      plan if:

     (A) the respondent demonstrates in writing present
         inability to pay restitution and

     (B) disciplinary counsel consults with the persons owed
         restitution.

  (3) A respondent may ask the Chair to review an
      adverse determination by disciplinary counsel of the
      reasonableness of a proposed periodic payment plan for
      restitution.  The Chair directs the procedure for this
      review.  The Chair’s ruling is not subject to further
      review.  If the Chair determines that the Board should
      review the matter, the Chair directs the procedure for
      Board review and the Board’s decision is not subject to
      further review.

(c) Failure To Comply.  A respondent’s failure to make
restitution when ordered to do so, or to comply with the
terms of a periodic payment plan may be grounds for
discipline.


[Adopted effective October 1, 2002.]
	

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