N.D.R. Lawyer Discipl.RULE 6.3. NOTICE OF STATUS - NONCOMPLIANCE.
1 A. Notice Required. Within 10 days after the date of the order by which the
2 lawyer is disbarred, transferred to disability inactive or incapacitated status, placed
3 on interim suspension, or suspended, the lawyer shall cause notice to be given by
4 registered or certified mail, return receipt requested, to:
5 (1) All clients being represented in pending matters;
6 (2) Co-counsel in pending matters; and
7 (3) Opposing counsel in pending matters, or in the absence of such counsel,
8 the adverse parties.
9 This notice must also state the place of residence of the client and of the
10 lawyer. The notice must include the order of the court and state that the lawyer
11 cannot act as a lawyer after the effective date of the order.
12 B. Special Notice. The court may direct the issuance of notice to such
13 financial institutions or others as may be necessary to protect the interests of
14 clients or other members of the public.
15 C. Client Property. The lawyer shall deliver to all clients being represented
16 in pending matters any papers or other property to which they are entitled and shall
17 notify them and any lawyer representing them of a suitable time and place where
18 the papers and other property may be obtained, calling attention to any urgency for
19 obtaining the papers or other property. The lawyer shall promptly refund any part
20 of fees paid in advance which have not been earned.
21 D. New Representation Prohibited. The respondent may not undertake any
22 new legal matters between service of the order and the effective date of discipline.
23 Upon the effective date of the order, the respondent may not maintain a presence
24 in or occupy an office in this jurisdiction where the practice of law is conducted.
25 The respondent shall take such action as is necessary to cause the removal of any
26 indicia of lawyer, counselor at law, legal assistant, law clerk, or similar title.
27 (1) performing legal work of a preparatory nature for the supervising
28 lawyer's review, such as legal research, gathering information, and drafting
29 pleadings, briefs, and other similar documents,
30 (2) communicating with the supervising lawyer's client or third parties
31 regarding matters such as scheduling, billing, updates, information gathering, and
32 confirmation of receipt or sending of correspondence and message, or
33 (3) accompanying the supervising lawyer to a deposition or other discovery
34 matter for the limited purpose of providing clerical assistance to the supervising
35 lawyer who will appear as the client's representative.
36 The supervising lawyer must give disciplinary counsel immediate notice of
37 the termination of the employment of the suspended lawyer.
D. E. Effective Date. Orders imposing suspension or disbarment,
39 reprimand, probation, or transfer to disability inactive or incapacitated status are
40 effective immediately, unless otherwise ordered by the court.
E. F. Winding Up. In the event the client does not obtain another lawyer
42 before the effective date of the disbarment, transfer, or suspension, it is the
43 responsibility of the disciplined lawyer to move for leave to withdraw in each court
44 or agency in which a proceeding is pending. The lawyer shall file with the court or
45 agency before which the matter is pending a copy of the notice to opposing
46 counsel or adverse parties.
F. G. Proof of Compliance. Within 10 days after the effective date of an
48 order of disbarment, suspension, or transfer to disability inactive or incapacitated
49 status, the lawyer shall file with the court an affidavit showing:
50 (1) Full compliance with the provisions of the order and with these rules;
51 (2) All other state, federal and administrative jurisdictions of admission to
53 (3) The residence or other addresses where communications may thereafter
54 be directed to the lawyer; and that
55 (4) A copy of such affidavit has been served upon counsel.
56 H. Contempt. Disciplinary counsel may petition the court to hold a
57 disbarred or suspended lawyer in contempt for failing to comply with sections A
58 through G of this rule or the provisions of an order entered in a disciplinary
59 proceeding. The court may order the lawyer to appear and show cause, if any, why
60 the lawyer should not be held in contempt of court and sanctioned accordingly.
61 EXPLANATORY NOTE
62 Rule 6.3 was adopted effective January 1, 1995; amended effective March
63 1, 2017.
64 The title of Rule 6.3 was amended effective to include "Noncompliance".
65 New Section D was created effective March 1, 2017, to require that a
66 lawyer who is disbarred, transferred to disability inactive or incapacitated status,
67 placed on interim suspension, or suspended must not undertake any new legal
68 matters between service of the order and the effective date of discipline and must
69 Remove all indicia of lawyer, counselor at law, or similar title. The new section
70 describes permissible activities of a suspended lawyer while under the supervision
71 of a lawyer who agrees to provide to disciplinary counsel quarterly affidavits of the
72 suspended lawyer's compliance with Section D requirements.
73 New Section H was created effective March 1, 2017 to provide a process
74 for contempt in the event a lawyer fails to comply with the provisions of Rule 6.3
75 or the disciplinary order.