Supreme Court of Missouri
en banc
June 26, 2007
Effective July 1, 2007
Effective July 1, 2007
In re:
Repeal of subdivision (a) of 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 (a) of subdivision 5.25, entitled "Voluntary Surrender of License."
ORDER
1. It is ordered that effective July 1, 2007, subdivision 5.25(a) of Rule 5 be and the same is hereby repealed and a new subdivision 5.25(a) adopted in lieu thereof to read as follows:
5.25 VOLUNTARY SURRENDER OF LICENSE
(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 whether to accept the surrender on the basis of the application, report, recommendation and response. If the Court accepts the surrender, the lawyer shall be disbarred absent a showing of good cause. If good cause is shown, the Court shall not accept the surrender, but shall dispose of the matter on such terms as are appropriate. Any order accepting the voluntary surrender may set forth conditions for the acceptance and a time within which the applicant may seek reinstatement.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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MICHAEL A. WOLFF
Chief Justice