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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:Interim Suspension for Threat of HarmRevised / Effective Date:January 1, 1996

5.24. Interim Suspension for Threat of Harm

(a) Upon receipt of sufficient evidence demonstrating that there is probable cause to believe that a lawyer is guilty of professional misconduct or is unable to competently represent the interests of the lawyer's clients and evidence that the lawyer poses a substantial threat of irreparable harm to the public, the chief disciplinary counsel shall: (1) file an information directly in this Court together with a proposed order for interim suspension and (2) make contemporaneously a reasonable attempt to provide the lawyer with notice, which may include notice by telephone, that a proposed order for immediate interim suspension has been transmitted to this Court.

(b) Upon examination of the evidence transmitted to this Court by the chief disciplinary counsel and of any response that the lawyer transmits to this Court prior to ruling, this Court may enter an order immediately suspending the lawyer pending final disposition of a disciplinary proceeding predicated upon the conduct causing the harm, or this Court may order such other action as it deems appropriate. If the order is entered, this Court may appoint a trustee pursuant to Rule 5.26 to protect clients' interests.

(c) A lawyer suspended pursuant to this Rule 5.24 shall comply with the notice requirements in Rule 5.27.

(d) On ten days notice to the chief disciplinary counsel, a lawyer suspended pursuant to this Rule 5.24 may appear and move for dissolution or modification of the order of suspension. Such motion shall be heard and determined as expeditiously as the ends of justice require.

(e) A lawyer who has been suspended pursuant to this Rule 5.24 may request an accelerated disposition of the allegations forming the basis of the interim suspension by filing a notice with this Court and serving a copy of the notice on the chief disciplinary counsel requesting accelerated disposition. If the notice is filed, the matter shall proceed and be concluded without appreciable delay.

(Adopted June 20, 1995, eff. Jan 1, 1996.)