Rule 34

Model Rules for Lawyer Disciplinary Enforcement

Upon receipt of satisfactory proof of a respondent's indigency, the board may request a lawyer to serve as counsel for the respondent upon such terms and subject to such provisions as justice and equity may require. The respondent shall file with the board an affidavit demonstrating financial inability to retain counsel. The board's determination of indigency shall be based upon its review of the financial circumstances of the respondent. The board shall not consider a request for counsel if the respondent refuses to furnish proof of indigency.

Commentary
Upon satisfactory demonstration of a respondent's indigency, the board may request that a lawyer represent the respondent. While no simple formula can be devised for determining eligibility for representation by counsel based on indigency, the board should consider such factors as the respondent's income, fixed monthly expenditures, assets, fixed liabilities, borrowing capacity, and good faith efforts to secure representation.

The board may reserve the right to approve the rate of compensation for counsel who represents an indigent respondent. In any event, the fee for services rendered shall be supported by documentation of the time spent on the matter.

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