Supreme Court of Missouri
en banc
March 1, 2006
Effective April 3, 2006
Effective April 3, 2006
In re:
(1) Repeal of subdivisions (a) and (d) of subdivision 5.28, entitled "Reinstatement," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision (a) and a new subdivision (d) of subdivision 5.28, entitled "Reinstatement."
(2) Repeal of subdivision 6.05, entitled "Unauthorized Practice by Stricken or Inactive Lawyers," of Rule 6, entitled "Fees to Practice Law," and in lieu thereof adoption of a new subdivision 6.05, entitled "Unauthorized Practice by Suspended, Stricken or Inactive Lawyers."
(3) Repeal of subdivision (f) of subdivision 15.06, entitled "Reporting Requirements - Sanctions - Review," and in lieu thereof adoption of a new subdivision (f) of subdivision 15.06, entitled "Reporting Requirements - Sanctions - Review."
ORDER
1. It is ordered that effective April 3, 2006, subdivisions 5.28(a) and 5.28(d) of Rule 5 be and the same are hereby repealed and a new subdivision 5.28(a) and a new subdivision 5.28(d) adopted in lieu thereof to read as follows:- 5.28 REINSTATEMENT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 person's license upon application to this Court pursuant to this Rule 5.28.
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(d) The provisions of Rules 5.28(b)(4) and (5) do not apply to a person seeking reinstatement because the person's license was suspended for more than three years solely for failure to comply with Rule 15 or failure to pay the annual enrollment fee.2. It is ordered that effective April 3, 2006, subdivision 6.05 of Rule 6 be and the same is hereby repealed and a new subdivision 6.05 adopted in lieu thereof to read as follows:
6.05 UNAUTHORIZED PRACTICE BY SUSPENDED, STRICKEN OR
INACTIVE LAWYERS
A lawyer who engages in the practice of law or who does a law business in this state and who:
(a) Is stricken from the roll of attorneys pursuant to Rule 6.02;
(b) Elects to become inactive pursuant to Rule 6.03; or
(c) Is suspended for failing to comply with Rule 15;
is guilty of professional misconduct and of the unauthorized practice of law. The chief disciplinary counsel or any regional disciplinary committee may institute proceedings under Rule 5 against any lawyer violating the provisions of this Rule 6.05 and may seek temporary or permanent injunctive relief in any court of competent jurisdiction.
- 15.06 REPORTING REQUIREMENTS - SANCTIONS - REVIEW
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(f) On or before March 1, The Missouri Bar shall annually report to the clerk of this Court, the chief disciplinary counsel, and the Commission on Retirement, Removal and Discipline, as the case may be, the name of each lawyer not meeting the requirements of this Rule 15. Every lawyer so reported is automatically suspended from the practice of law on the date the report is received by the clerk of this Court. Any lawyer automatically suspended for failing to comply with this Rule 15 shall be retroactively reinstated as a matter of course upon certification to the clerk of this Court by The Missouri Bar that the lawyer is in full compliance with this Rule 15 within three years of the date of the lawyer's suspension and the payment of an additional $100 late fee. The late fee shall be paid to The Missouri Bar for deposit in the Advisory Committee Fund. Any lawyer not reinstated as a matter of course shall apply for reinstatement as provided in Rule 5.28.5. 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