First Adopted: June 20, 1995
Most Recently Effective: January 01, 2023
Rule 5 | Rules Governing The Missouri Bar and the Judiciary | Complaints and Proceedings Thereon
5.17 | Discipline
(a) Upon finding one or more violations, this Court may impose any of the following appropriate discipline or combination of discipline:
(1) Reprimand;
(2) Probation, subject to the provisions of Rule 5.175;
(3) Stayed suspension with probation, subject to the provisions of Rule 5.175;
(4) Suspension, whether stayed or not, shall be for an indefinite period but may include a period of not less than six months and not more than three years during which the respondent cannot apply for reinstatement;
(5) Disbarment.
(b) The Court may consider factors including, but not limited to, the following:
(1) Recommendations of the parties;
(2) Recommendation of the hearing panel;
(3) Discipline imposed by this Court in previous reported decisions;
(4) ABA Model Standards for Imposing Lawyer Sanctions;
(5) The factors established in Rule 5.285;
(6) The factors established in Rule 5.175;
(7) Prior accepted admonitions; and
(8) Other appropriate factors.
(c) Additional consequences that may result from discipline include requirements related to:
(1) Payment of costs and investigative expenses, as established in Rule 5.19(k);
(2) Disgorgement of fees;
(3) Conditions and requirements related to probation;
(4) Publication of discipline and discipline cases, as described in Rule 5.31;
(5) Conditions precedent to reinstatement or readmission;
(6) Requirements following suspensions and disbarments associated with closing a practice and notification of clients, courts, and opposing counsel, as established by Rule 5.27;
(7) Orders of this Court; and
(8) Other consequences flowing from misconduct and any resulting discipline.
(Adopted June 20, 1995, effective January 1, 1996. Amended May 31, 2022, effective January 1, 2023.)