_______________ : _______ JUDICIAL DISTRICT COURT
VS : PARISH OF _______, LOUISIANA
_______________ : DOCKET NO. _______ PETITION FOR CONCURSUS
The petition of _______________, a person of the full age of majority and a resident of the
Parish of _______, State of Louisiana, respectfully represents that: 1.
The following persons are impleaded and made defendants in this proceedings: A. _______________
2.
On _______ ___, 20___, I was retained by _______________ to represent _______________
on the charge of _______. 3.
At that time, I advised _______________ and _______________ that my fees for
representing _______________ would be $_______, and due to the necessity of expediting his
release from jail due to a medical condition, I informed them that a $_______ non-refundable
retainer would be required and _______________ agreed to pay same via credit card. I immediately
went to work attempting to secure _______________ =s release and was successful in doing so on
the ___ day of _______. On the ___ day of _______, I received a call demanding the re turn of the
$_______ retainer because _______________ had retained other counsel. 4.
At that time, I advised _______________ that, as per our agreement, the retainer wa s non-
refundable and that I had, in fact, earned all of the retainer that I was paid, and further t hat
everything that was asked by _______________ regarding _______________=s case was successful
within two days. 5.
On the ___ of _______, I received notice of a complaint filed by _______________ against
me demanding that I return the $_______ retainer (See exhibit A). On _______, ___, I responded to
the complaint (See exhibit B). 6.
Subsequent to this, on _______ ___, 20___, I received a letter indicating the investigation of
the complaint had been completed and that I may have technically viol ated Rule 1.5F6, and at that
time, I was also offered the chance to participate in the Practice Assistance and Improvement
Program, which is basically equivalent to a pre-trial diversion (See exhibit C) 7.
The current proceedings are being filed in accordance with one of the requirements of the
diversion contract which required me to deposit $_______ with the court and file a concursus
proceeding with the court wherein I would deposit $_______ which is the disputed amount (See
exhibit D) 8,
It is the position of the petitioner that he has earned and is entitled to all of the funds that
were paid to him as a non-refundable $_______ retainer. WHEREFORE, petitioner prays that:
1. For leave to deposit into the registry of the court the amount of $_______, which is the
amount disputed between petitioner and defendant. 2. That all parties be relieved from the payment of any of the costs of this proceeding as they
accrue and that the Clerk of Court be directed to deduct these costs from the m oney deposited into
the registry of the court. 3. That the defendants be cited to appear and assert their respective c laims, contradictorily
against all other defendants, to the money deposited into the registry of this court in this proceeding.
4. For a judgment in favor of petitioner and against the defendant in the a mount of
$_______. Respectfully Submitted,
_______________________________ _______________
Attorney for Plaintiff _______________
_______, LA _______
(___)_______
ORDER
Considering the foregoing petition,
IT IS ORDERED that the petitioner is granted leave to deposit the s um of $_______ into the
registry of the court. IT IS FURTHER ORDERED that all parties to this proceeding are relie ved of the necessity
of paying any costs as they accrue, and the Clerk of Court is directed to deduc t from the money
deposited into the registry of the court.
IT IS FURTHER ORDERED that the defendants be cited to appear and to asse rt their
respective claims, contradictorily against all other defendants to the funds deposited, and which will
be deposited in the future, into the registry of the court in the proceeding. __________________, Louisiana, _____ day of _______________ 20____.
______________________________
DISTRICT JUDGE
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FAQs
Here is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
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