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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