Rule 5 Investigations

(a) Investigation by Disciplinary Counsel. If the evaluation of a matter by Disciplinary Counsel does not result in summary dismissal under Rule 4(b), Disciplinary Counsel shall proceed to initiate an investigation of the matter, with written notice to the Subcommittee and the complainant.

(b) Subpoenas. Following the designation of a matter as an investigation under Rule 5(a), Disciplinary Counsel may administer oaths and affirmations and may compel by subpoena the attendance of witnesses and the production of relevant books, papers, and documents. Subpoenas shall be issued under the signature of Disciplinary Counsel and served by any means deemed appropriate.

(c) Dismissal after investigation. Following an investigation, Disciplinary Counsel may dismiss the matter without prejudice and close the file with written notice to the complainant. When an investigation has revealed that there is insufficient evidence of conduct involving an occurrence of the unauthorized practice of law in the State of Delaware to prosecute the matter further, the matter shall be dismissed.