RULE 6.3. NOTICE OF STATUS - NONCOMPLIANCE.
A.Notice Required. Within 10 days after the date of the order by which the lawyer is disbarred, transferred to disability inactive or incapacitated status, placed on interim suspension, or suspended, the lawyer shall cause notice to be given by registered or certified mail, return receipt requested, to:
(1) All clients being represented in pending matters;
(2) Co-counsel in pending matters; and
(3) Opposing counsel in pending matters, or in the absence of such counsel, the adverse parties.This notice must also state the place of residence of the client and of the lawyer. The notice must include the order of the court and state that the lawyer cannot act as a lawyer after the effective date of the order.
B. Special Notice. The court may direct the issuance of notice to such financial institutions or others as may be necessary to protect the interests of clients or other members of the public.
C. Client Property. The lawyer shall deliver to all clients being represented in pending matters any papers or other property to which they are entitled and shall notify them and any lawyer representing them of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property. The lawyer shall promptly refund any part of fees paid in advance which have not been earned.
D. New Representation Prohibited. The lawyer may not undertake any new legal matters between service of the order and the effective date of discipline. The lawyer shall take such action as is necessary to cause the removal of any indicia of lawyer, counselor at law, or similar title. The lawyer shall not engage in any activities requiring a license to practice law. From service of the order and while the order of discipline is in effect, a suspended lawyer may only, while under the direct employment and supervision of a lawyer admitted to practice who has agreed to provide to disciplinary counsel quarterly affidavits of the suspended lawyer's compliance with this section, perform research, drafting, clerical, or similar activities, including:
(1) performing legal work of a preparatory nature for the supervising lawyer's review, such as legal research, gathering information, and drafting pleadings, briefs, and other similar documents,
(2) communicating with the supervising lawyer's client or third parties regarding matters such as scheduling, billing, updates, information gathering, and confirmation of receipt or sending of correspondence and message, or
(3) accompanying the supervising lawyer to a deposition or other discovery matter for the limited purpose of providing clerical assistance to the supervising lawyer who will appear as the client's representative.
The supervising lawyer must give disciplinary counsel immediate notice of the termination of the employment of the suspended lawyer.
E. Effective Date. Orders imposing suspension or disbarment, reprimand, probation, or transfer to disability inactive or incapacitated status are effective immediately, unless otherwise ordered by the court.
F. Winding Up. In the event the client does not obtain another lawyer before the effective date of the disbarment, transfer, or suspension, it is the responsibility of the disciplined lawyer to move for leave to withdraw in each court or agency in which a proceeding is pending.The lawyer shall file with the court or agency before which the matter is pending a copy of the notice to opposing counsel or adverse parties.
G. Proof of Compliance. Within 10 days after the effective date of an order of disbarment, suspension, or transfer to disability inactive or incapacitated status, the lawyer shall file with the court an affidavit showing:
(1) Full compliance with the provisions of the order and with these rules;
(2) All other state, federal and administrative jurisdictions of admission to practice;
(3) The residence or other addresses where communications may thereafter be directed to the lawyer; and that
(4) A copy of such affidavit has been served upon counsel.
H. Contempt. Counsel may petition the court to hold a disbarred or suspended lawyer in contempt for failing to comply with sections A through G of this rule or the provisions of an order entered in a disciplinary proceeding. The court may order the lawyer to appear and show cause, if any, why the lawyer should not be held in contempt of court and sanctioned accordingly.
Rule 6.3 was adopted effective January 1, 1995; amended effective March 1, 2017.
The title of Rule 6.3 was amended effective March 1, 2017 to include "Noncompliance".
New Section D was created effective March 1, 2017, to require that a lawyer who is disbarred, transferred to disability inactive or incapacitated status, placed on interim suspension, or suspended must not undertake any new legal matters between service of the order and the effective date of discipline and must remove all indicia of lawyer, counselor at law, or similar title. The new section describes permissible activities of a suspended lawyer while under the supervision of a lawyer who agrees to provide to disciplinary counsel quarterly affidavits of the suspended lawyer's compliance with Section D requirements.
New Section H was created effective March 1, 2017 to provide a process for contempt in the event a lawyer fails to comply with the provisions of Rule 6.3 or the disciplinary order.