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Supreme Court Rules

Section/Rule:5.28
Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:June 20, 1995
Topic:ReinstatementRevised / Effective Date:July 1, 2011


5.28. Reinstatement

(a) Any person:

(1) Who is disbarred;

(2) Whose license to practice law is suspended, except a suspension for less than three years for either failure to pay the annual enrollment fee or failure to comply with Rule 15; or

(3) Who voluntarily surrendered a license;
may seek reinstatement of the personís license upon application to this Court pursuant to this Rule 5.28.

(b) Any application for reinstatement shall include specific allegations showing that:

(1) The cause for suspension, surrender, or disbarment has abated;

(2) All persons injured as a result of the conduct that resulted in the loss of the right to practice law have received restitution, their claims have been discharged by operation of law, or the injured persons have been notified at least ten days but not more than 90 days in advance of the filing of the petition for reinstatement;

(3) All special conditions for reinstatement required by this Court at the time the right to practice law was lost have been accomplished;

(4) The person has taken within the two years immediately preceding the application the multistate professional responsibility examination and scored a grade at least equal to that established by the board of law examiners as passing at the time the examination was taken;

(5) If the person has not practiced law in any jurisdiction during the period of discipline and has been disciplined for:

(A) Less than three years, the person has completed at least 15 hours of continuing legal education credit within 12 months prior to the date the petition is filed; or

(B) At least three years, the person has completed at least 30 hours of continuing legal education credit, including at least three hours of ethics credit, within 24 months prior to the date the petition is filed.

For purposes of this Rule 5.28(b)(5), a person shall be engaged in the full-time practice of law for at least twelve months immediately prior to the date of filing the petition for reinstatement to be deemed a lawyer who practiced law; and

(6) The person is of good moral character and the best interest of the public will be served by reinstatement of the personís license to practice law.

(c) A person seeking reinstatement because he or she is disbarred is not required to include specific allegations contained in Rule 5.28(b)(5). Such person shall include specific allegations that within one year of the date of filing the application for reinstatement the person has taken the bar examination prescribed by Rule 8.08 and has attained a passing score.

(d) The provisions of Rules 5.28(b)(4) and (5) do not apply to a person seeking reinstatement because the personís license was suspended for more than three years solely for failure to comply with Rule 15 or failure to pay the annual enrollment fee. The provisions of Rule 5.28(b)(4) do not apply to a person filing a petition for reinstatement within six months of a suspension under Rule 5.245 if the petition contains a statement that the cause of suspension under Rule 5.245 has been resolved and the department of revenue confirms that statement.

(e) Except for good cause shown, no application for reinstatement for a person who is:

(1) Suspended, except a person suspended under Rule 5.245, shall be considered until after six months of the date discipline is imposed unless the Court provides by order for a longer time; or

(2) Disbarred shall be considered until after five years of the date discipline is imposed; or

(3) Notwithstanding Rule 5.28(e)(2), disbarred because the person has pleaded guilty or nolo contendere to or been found guilty of any felony of the United States, this state, any other state or any United States territory, whether sentence is imposed or not, shall be considered until the date of successful completion of any period of confinement, and any subsequent or alternate period of probation or parole, as a result of the conviction, plea, or finding of guilt.

(f) In addition to the requirements of Rule 5.28(b), upon application by any person suspended under the provisions of Rule 5.23, this Court may direct such action as it deems necessary or proper, including the direction of an examination of the lawyer by such qualified medical expert as this Court shall designate. Rule 5.28(g) shall govern the cost incurred in processing such application.

At the time of filing such an application for reinstatement, the lawyer shall be required to disclose the name of every psychiatrist, psychologist, physician and hospital by whom and at which the lawyer has been examined or treated during the disability or since the suspension and shall furnish to this Court written consent for each to divulge such information and records as ordered by this Court.

This Court may fix the compensation to be paid to any medical expert appointed by this Court, and such charges shall be a cost of investigation as that term is used in Rule 5.28(g).

(g) When a person who has surrendered a license to practice law or who has been disbarred or suspended makes application for reinstatement, except applications following suspensions for less than three years made as a matter of course under Rule 6.01(f), Rule 15.06(f) and Rule 5.28(h)(2), the application shall be accompanied by a $500 reinstatement fee. The amount paid shall be deposited to the credit of the advisory committee fund. No report or hearing shall be had on any application for reinstatement until the required fee is paid. The reinstatement fee is in addition to any unpaid disciplinary costs assessed under Rule 5.19(h).

(h) All applications for reinstatement shall be referred to the chief disciplinary counsel for report and recommendation. The report shall be served by the chief disciplinary counsel on the applicant for reinstatement as provided in Rule 5.18. The applicant may file a written response to the report with the chief disciplinary counsel within 15 days of the date of the mailing of the report.

The report, recommendation, and response, if any, shall be filed by the chief disciplinary counsel with this Court upon receipt of the response or the expiration of the time for making a response. The Court shall make a determination whether to reinstate the license of the applicant on the basis of the report, recommendation and response.

If the applicant has been suspended:

(1) Indefinitely with leave to reapply in a period of six months or less and is not on probation under Rule 5.225, or

(2) Under Rule 5.245 for three years or less, the license shall be reinstated as a matter of course 30 days after the application for reinstatement is referred to the chief disciplinary counsel for report and recommendation. If within this 30-day period the chief disciplinary counsel files a motion to respond to the application for reinstatement, the license shall not issue and the matter shall proceed as otherwise provided in this Rule 5.28(h). Any lawyer automatically suspended under Rule 5.245 for three years or less who is reinstated under this Rule 5.28(h) is retroactively reinstated if the lawyer is then in compliance with Rule 6.01 and Rule 15.

(i) In lieu of reinstating the applicantís license, the Court may direct the advisory committee to appoint a disciplinary hearing panel to conduct a hearing into any allegations of misconduct contained in the report to which the applicant objects. The hearing shall be conducted as provided in Rule 5.14.

The panel shall file a report. The report shall determine all matters in dispute and make a recommendation as to whether the applicantís license should be reinstated.

(Adopted June 20, 1995, eff. Jan 1, 1996. Amended May 14, 1999, eff. Jan. 1, 2000. Amended March 30, 2004, eff. April 1, 2004. Amended March 1, 2006, eff. April 3, 2006. Amended November 1, 2006, eff. December 29, 2006. Amended October 25, 2007, eff. Jan. 1, 2008. Amended December 22, 2009, eff. December 22, 2009. Amended June 27, 2011, eff. July 1, 2011.)