The court shall allow the attorney at law appointed to represent a defendant a reasonable fee for his services, which shall be paid by the plaintiff, but shall be taxed as costs of court. The attorney so appointed may require the plaintiff to furnish security for the costs which may be paid by, and the reasonable fee to be allowed, the attorney. If the attorney so appointed is retained as counsel for the defendant, the attorney shall immediately advise the court and opposing counsel of such employment.
Art. 5096.Compensation
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 2. Attorney Appointed to Represent Unrepresented Defendants · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5096 entitles a court-appointed attorney to a reasonable fee, payable by the plaintiff and taxed as costs of court, lets the attorney demand security for that fee and for costs, and requires prompt disclosure if the attorney is later retained directly by the defendant.
Full Text of Art. 5096
Plain-English Summary
Representing an absent or unrepresented defendant is a real professional obligation, and Article 5096 makes sure it comes with real compensation. The court sets a reasonable fee for the appointed attorney's services, and the plaintiff, the party who asked for the appointment in the first place, pays that fee, which the court taxes as costs of the proceeding rather than leaving the appointed attorney uncompensated for representing a party they did not choose.
The appointed attorney is not left to trust that payment will follow at the end of the case. Article 5096 lets the attorney require the plaintiff to post security up front, covering both the costs of the litigation and the fee the attorney is due, before the representation proceeds any further.
The article closes with a disclosure rule for a different scenario: if the once-absent or unrepresented defendant later surfaces and retains the appointed attorney directly, as their own chosen counsel, the attorney must immediately tell the court and opposing counsel about that change. At that point the attorney's role shifts from court appointee to retained counsel, and everyone in the case needs to know it.
Frequently Asked Questions
Who pays a court-appointed attorney's fee in Louisiana civil litigation?
The plaintiff pays it, and Article 5096 has the court tax that reasonable fee as costs of court.
Can the appointed attorney require the plaintiff to post security before proceeding?
Yes. Article 5096 lets the attorney require the plaintiff to furnish security covering both the litigation costs and the attorney's reasonable fee.
What happens if the defendant later hires the court-appointed attorney directly?
Article 5096 requires the attorney to immediately advise the court and opposing counsel of that new employment, since the attorney's role has shifted from court appointee to retained counsel.
How is the amount of the appointed attorney's fee determined?
The court sets it, and Article 5096 requires only that the fee be reasonable for the services performed.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: court appointed attorney fee LouisianaArticle 5096 Louisianacompensation curator ad hoc Louisianasecurity for costs appointed attorneyattorney fee taxed as costs Louisiana