IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1313 Amending Alaska Bar Rule 16 concerning types of discipline and costs. IT IS ORDERED: Paragraph (c) of Alaska Bar Rule 16 is amended to read: (c) Restitution; Reimbursement; Costs. When a finding of misconduct is made, in addition to any discipline listed above, the Court or the Board may impose the following requirements against the Respondent: (1) restitution to aggrieved persons or organizations; (2) reimbursement of the Lawyers' Fund for Client Protection; or (3) payment of the costs, including attorney's fees, of the proceedings or investigation or any parts thereof. In imposing costs and fees, consideration shall be given to the following factors: (A) the complexity of the disciplinary matter; (B) the duration of the case; (C) the reasonableness of the number of hours expended by Bar Counsel and the reasonableness of the costs incurred; (D) the reasonableness of the number of Bar Counsel used; (E) Bar Counsel's efforts to minimize fees; (F) the reasonableness of the defenses raised by the Respondent; (G) vexatious or bad faith conduct by the Respondent; (H) the relationship between the amount of work performed by Bar Counsel and the significance of the matters at stake; (I) the financial ability of the Respondent to pay attorney's fees; and (J) the existence of other equitable factors deemed relevant. DATED: February 12, 1998 EFFECTIVE DATE: July 15, 1998 ______________________________ Chief Justice Matthews ______________________________ Justice Compton ______________________________ Justice Eastaugh ______________________________ Justice Fabe ______________________________ Justice Bryner