Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon: Procedure Following a Disbarment or Suspension Order

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Supreme Court Rules

		Section/Rule:	5.27
Subject:	Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon	Publication / Adopted Date:	June 20, 1995
Topic:	Procedure Following a Disbarment or Suspension Order	Revised / Effective Date:	January 1, 2023

5.27 Procedure Following a Disbarment or Suspension Order

(a) Orders imposing disbarment or suspension shall be effective 15 days after entry unless the Court sets a different effective date. Between the entry date of the order and its effective date, the disbarred or suspended lawyers shall:

(1) Cease practicing law;

(2) Wind up the lawyer's law practice;

(3) Not accept any new retainer or act as lawyer for another in any new case or legal matter of any nature;

(4) Withdraw from representation in pending matters in a manner that will minimize any material adverse effect on the clients' interests;

(5) Notify all clients in writing and any counsel in pending matters that the lawyer has been disbarred or suspended if such notice was not made pursuant to Rule 5.27(a)(2);

(6) In the absence of co-counsel, notify all clients, if such notice was not made pursuant to Rule 5.27(a)(2), to make arrangements for other representation, calling attention to any urgency in seeking the substitution of another lawyer;

(7) Deliver to all clients being represented in pending matters any papers or other property to which they are entitled or notify them and any co-counsel 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;

(8) Refund any part of any fees paid in advance that have not been earned;

(9) Notify opposing counsel in pending litigation or, in the absence of such counsel, the adverse parties, if such notice was not made pursuant to Rule 5.27(a)(2), of the lawyer's disbarment or suspension and consequent disqualification to act as a lawyer after the effective date of such discipline;

(10) File with the court, agency, or tribunal before which the litigation is pending a copy of the notice to the opposing counsel or adverse parties; and

(11) Keep and maintain a record of the steps taken to accomplish the foregoing.

(b) Within five days after the effective date of an order of disbarment or suspension, the lawyer shall:

(1) Deliver the lawyer's license to practice law to the Clerk of this Court or file an affidavit that the license has been lost or destroyed; and

(2) File a verified certificate of compliance with this Court and the Chief Disciplinary Counsel attesting to complete performance of the obligations under this Rule 5.27.

(Adopted June 20, 1995, effective January 1, 1996, Amended October 25, 2007, effective January 1, 2008; Amended May 31, 2022, January 1, 2023.)