Rule 17 Disbarred or Suspended Attorney
Rule Text
(a) Notice. A disbarred or suspended attorney must provide notice to clients and adverse parties’ attorneys.
(1) Notice to Clients. A disbarred or suspended attorney must promptly notify all clients that the attorney represents in pending matters.
(2) Notice to Adverse Parties’ Attorneys. The disbarred or suspended attorney must also provide notice to the attorney(s) for any adverse party and must state the place of residence of the client of the disbarred or suspended attorney.
(3) Contents of Notice. The notice must: (1) explain the attorney’s disbarment or suspension and his or her inability to act as an attorney after the effective date of disbarment or suspension; and (2) advise the client to seek legal assistance elsewhere. If the attorney represents the client in pending litigation or administrative proceedings, then the attorney must also advise the client that prompt substitution of another attorney in his or her place is necessary to avoid potential prejudice to the client’s pending case.
(4) Method of Notice. Any notice referenced in this section must be sent with a return receipt requested and by either registered or certified mail.
(b) Leave to Withdraw. The disbarred or suspended attorney must move for leave to withdraw as attorney of record if the client does not obtain new counsel before the effective date of the attorney’s disbarment or suspension.
(c) New Work; Pending Cases. After entry of the disbarment or suspension order, the attorney cannot accept any new retainer or engage as the attorney in any new case or legal matter. However, during the period from the entry date of the order to its effective date, the attorney may complete on behalf of any client all matters that were pending on the entry date and which are capable of being completed prior to the effective date.
(d) Filing of Affidavit. Within 10 days after the effective date of the disbarment or suspension order, the disbarred or suspended attorney must file with the Superior Court an affidavit stating the attorney:
(1) complied with the provisions of Rules 17(a)-(c) and (2) notified all other jurisdictions to which the attorney is admitted to practice of the discipline. The affidavit must also set forth the address where communications may be sent.
(e) Proof of Compliance. A condition precedent to any petition for reinstatement is proof of compliance with: (1) these rules and (2) the disbarment or suspension order.