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Supreme Court Rules

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 OrderRevised / Effective Date:January 1, 2008

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:

(1) Shall not accept any new retainer or act as lawyer for another in
any new case or legal matter of any nature, and

(2) Shall withdraw from representation in pending matters in a manner that will minimize any material adverse effect on the clients’ interests.

(b) Within 15 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;

(2) 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);

(3) 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;

(4) 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;

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

(6) 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;

(7) 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;

(8) Keep and maintain a record of the steps taken to accomplish the foregoing; and

(9) File proof with this Court and the chief disciplinary counsel of complete performance of the foregoing.

(Adopted June 20, 1995, eff. Jan 1, 1996, Amended October 25, 2007, eff. Jan. 1, 2008.)