RULE 6.3. NOTICE OF STATUS.
Effective Date: 1/1/1995
Obsolete Date: 3/1/2017
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. 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.
E. 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.
F. 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.
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.