Supreme Court of Missouri
en banc
October 29, 2019
Effective October 29, 2019
Effective October 29, 2019
In re:
Repeal of subdivision (b) of subdivision 5.225, entitled "Conditional Discipline," and the heading title and subdivision 5.25, entitled "Voluntary Surrender of License," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision (b) of subdivision 5.225, entitled "Conditional Discipline," and a new heading title and a new subdivision 5.25, entitled "Consent to Disbarment by Voluntary Surrender."
ORDER
1. It is ordered that effective October 29, 2019, subdivision (b) of subdivision 5.225 and the heading title and subdivision 5.25 of Rule 5 be and the same are hereby repealed and a new subdivision (b) of subdivision 5.225 and new title heading and a new subdivision 5.25 adopted in lieu thereof to read as follows:
5.225 CONDITIONAL DISCIPLINE
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(b) Conditions.
(1) The nature and circumstances of the lawyer's misconduct and the history, character, and health status of the lawyer shall be taken into consideration when reprimanding a lawyer with requirements or when placing a lawyer on probation. A standard requirement or condition in all such cases shall be that the lawyer engage in no further violations of the Rules of Professional Conduct (Rule 4), Rule 6, or Rule 15.
(2) The order reprimanding a lawyer with requirements shall specify the requirements the lawyer must meet and the period of time within which the lawyer must meet the requirements.
(3) The order placing a lawyer on probation shall specify the conditions of probation. A standard condition of probation shall be that the lawyer submit to one or more examinations of practices and records related to compliance with Rules 4-1.145, 4-1.14, and 4-1.155 governing safekeeping property, IOLTA, and trust accounts.
(4) Probation shall be imposed for a specified period of time. Probation may be imposed in conjunction with a stayed suspension.
(5) The period of probation shall not exceed five years unless an extension is granted upon motion by either party. A motion for an extension must be filed prior to the conclusion of the probation period.
(6) An order of probation is an order of discipline.
(2) The order reprimanding a lawyer with requirements shall specify the requirements the lawyer must meet and the period of time within which the lawyer must meet the requirements.
(3) The order placing a lawyer on probation shall specify the conditions of probation. A standard condition of probation shall be that the lawyer submit to one or more examinations of practices and records related to compliance with Rules 4-1.145, 4-1.14, and 4-1.155 governing safekeeping property, IOLTA, and trust accounts.
(4) Probation shall be imposed for a specified period of time. Probation may be imposed in conjunction with a stayed suspension.
(5) The period of probation shall not exceed five years unless an extension is granted upon motion by either party. A motion for an extension must be filed prior to the conclusion of the probation period.
(6) An order of probation is an order of discipline.
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5.25 CONSENT TO DISBARMENT BY VOLUNTARY SURRENDER
(a) A lawyer may seek to surrender the lawyer's license to practice law in this state voluntarily by application to this Court. The application shall be accompanied by the license and shall set forth the basis for tendering the license, including any alleged ethical misconduct that is the subject of investigation or complaint under this Rule 5, whether or not formal disciplinary actions have been commenced. The application may also allege permanent disability to practice law. The lawyer shall admit or deny the ethical misconduct included in the application.
The application for voluntary surrender shall be forwarded to the chief disciplinary counsel for report and recommendation.
The report shall be served by the chief disciplinary counsel on the applicant for surrender in the manner provided in Rule 5.18, and the applicant may file with the chief disciplinary counsel within fifteen days of the mailing of the report a written response thereto.
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 to accept or reject the surrender on the basis of the application, report, recommendation and response, if any. The Court may reject the application if the lawyer does not admit sufficient facts to warrant disbarment. If the Court accepts the surrender, the lawyer shall be disbarred.
(b) If the Court rejects the surrender, the Court may, without further process, suspend the lawyer's license and direct the chief disciplinary counsel to proceed as otherwise provided in this Rule 5.
(c) If the lawyer formally asserts, during a proceeding under Rule 5.25, that the lawyer is unable to competently represent the interests of clients by reason of physical or mental condition or because of addiction to drugs or intoxicants, such evidence shall be sufficient to meet the requirements for interim suspension under Rule 5.24(a) and (b) and this Court may, without further process, suspend the lawyer's license under Rule 5.24 and direct the chief disciplinary counsel to proceed as otherwise provided in this Rule 5.
(a) A lawyer may seek to surrender the lawyer's license to practice law in this state voluntarily by application to this Court. The application shall be accompanied by the license and shall set forth the basis for tendering the license, including any alleged ethical misconduct that is the subject of investigation or complaint under this Rule 5, whether or not formal disciplinary actions have been commenced. The application may also allege permanent disability to practice law. The lawyer shall admit or deny the ethical misconduct included in the application.
The application for voluntary surrender shall be forwarded to the chief disciplinary counsel for report and recommendation.
The report shall be served by the chief disciplinary counsel on the applicant for surrender in the manner provided in Rule 5.18, and the applicant may file with the chief disciplinary counsel within fifteen days of the mailing of the report a written response thereto.
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 to accept or reject the surrender on the basis of the application, report, recommendation and response, if any. The Court may reject the application if the lawyer does not admit sufficient facts to warrant disbarment. If the Court accepts the surrender, the lawyer shall be disbarred.
(b) If the Court rejects the surrender, the Court may, without further process, suspend the lawyer's license and direct the chief disciplinary counsel to proceed as otherwise provided in this Rule 5.
(c) If the lawyer formally asserts, during a proceeding under Rule 5.25, that the lawyer is unable to competently represent the interests of clients by reason of physical or mental condition or because of addiction to drugs or intoxicants, such evidence shall be sufficient to meet the requirements for interim suspension under Rule 5.24(a) and (b) and this Court may, without further process, suspend the lawyer's license under Rule 5.24 and direct the chief disciplinary counsel to proceed as otherwise provided in this Rule 5.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice