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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