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9 Rule 27 Notice to Client, Adverse Parties, and Other Counsel [Effective until July 1, 2026]

Administrative Orders of the Supreme Court

A. Recipients of Notice: Contents. Within ten days after the date of the decision or order imposing discipline or transfer to disability inactive status, a respondent disbarred, transferred to disability inactive status, placed on interim suspension or suspended shall notify or cause to be notified by registered or certified mail, return receipt requested:

(1) All clients being represented in pending matters (and shall call attention to any urgency for action on the client’s part);

(2) Any co-counsel in pending matters; and

(3) Any opposing counsel in pending matters, or in the absence of such counsel, the adverse parties.

B. Contents of Notice. The notice shall inform the recipient of the order or decision and that the lawyer is therefore disqualified to act as lawyer after the effective date of the order or decision. The notice to be given to the lawyer or lawyers for an adverse party shall state the place of residence of the client of the respondent.

C. Special Notice. The order or decision 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.

D. Duty to Maintain Records. The respondent shall keep and maintain records of the steps taken to accomplish the requirements of paragraphs A, B, and C, and shall make those records available to disciplinary counsel on request.

E. Return of Client Property. The respondent 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 counsel 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.

F. Effective Date of Order; Winding Up Affairs. Orders or decisions imposing suspension or disbarment, reprimand, probation, or transfers to disability inactive status are effective immediately, unless otherwise indicated. The respondent shall refund within ten days of entry of the order or decision any part of any fees paid in advance which have not been earned.

G. Withdrawal from Representation. In the event the client does not obtain another lawyer before the effective date of the disbarment or suspension, it shall be the responsibility of the respondent to move in the court, agency, or tribunal in which the proceeding is pending for leave to withdraw. The respondent shall in that event file with the court, agency or tribunal before which the litigation is pending a copy of the notice to opposing counsel or adverse parties.

H. Affidavit Filed with Board. Within 10 days after the effective date of the disbarment or suspension order, or order transferring the respondent to disability inactive status, the respondent shall file with the Board an affidavit showing:

(1) The respondent has fully complied with the provisions of the order and with these rules;

(2) All other state, federal and administrative jurisdictions to which the respondent is admitted to practice;

(3) The residence or other addresses where communications may thereafter be directed to the respondent; and that

(4) The respondent has served a copy of such affidavit upon disciplinary counsel.

I. Registration and Records. A lawyer suspended or disbarred shall continue to file the registration statement required by § 1 of the Annual Licensing of Attorneys Rules without payment therefor throughout the period of suspension or for five years after an order of disbarment is entered, so that the lawyer can be located in the event complaints are made about the lawyer’s conduct while engaged in practice. Such lawyer also shall keep and maintain records of the various steps taken under this rule so that, upon any subsequent proceedings instituted by or against the lawyer, proof of compliance with these rules and the order will be available.

Amendment history: Amended Nov. 2, 2020, eff. Apr. 1, 2021; Apr. 10, 2023, eff. July 3, 2023.