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3.130(5.7) Activities of suspended lawyer

III Practice of Law

(a) During a period of suspension a suspended lawyer may not perform any of the following acts:

(1) render legal consultation or legal advice to any person;

(2) appear on behalf of another person in any hearing or proceeding or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate, commissioner, or hearing officer, unless the rules of the tribunal involved permit representation by non-lawyers and the represented person has been fully informed of the lawyer's suspension;

(3) appear as a representative of another person at a deposition or other discovery matter;

(4) knowingly appear as a representative, spokesperson, or salesperson-in any visual, audible, print, or electronic media of any kind for any law firm or legal-related entity providing or proposing to provide legal service to the public or a specific subset of the public at large.

(5) negotiate or transact any matter for or on behalf of another person with third parties;

(6) receive, disburse, or otherwise handle a client's funds; or

(7) engage in activities that constitute the practice of law.

(b) A lawyer shall not employ, associate professionally with or aid a person a lawyer knows or reasonably should know has been suspended to do any of the preceding described acts during a suspended lawyer's period of suspension. Further, a lawyer shall not employ or associate professionally with a member whose license to practice law has been suspended if the suspended lawyer was associated with such lawyer or law firm at the time of such member's suspension.

(c) Except as provided in paragraph (a) and (b), a suspended lawyer may perform research, draft documents, perform clerical functions, and similar activities for the use by a lawyer who assumes professional responsibility for the suspended lawyer's activities.

(d) Prior to or at the time of employing a suspended lawyer, the employing lawyer shall serve upon Bar Counsel written notice of the employment of the suspended lawyer, including a description of such suspended member's current license status. The notice shall include a statement that the suspended lawyer shall not be employed to perform any of the activities prohibited by paragraph (a). Upon terminating the employment of a suspended lawyer, the employing lawyer shall promptly serve written notice of such termination upon Bar Counsel.

Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.

Amendment history: Amended by Order 2022-11, eff. 4-1-22; prior amendments by Order 2020-03, eff. 3-1-20; adopted by Order 2015-20, eff. 1-1-16