(a) Effective date of order; winding up affairs. Each order thatimposes delicensure or suspension is effective 28 days after the order?s date,or at such time as the order provides. Each order that transfers a Respondentto disability status is effective immediately, unless the order otherwiseprovides. After the court enters any order of delicensure, suspension, ortransfer to disability status, the Respondent may not accept any new retaineror employment as a Lawyer in any new case or legal matter; except that duringany period between the date an order is entered and its effective date, theRespondent may, with the consent of the client after full disclosure, wind upor complete any matters pending on the date the order is entered.
(b) Notice to clients and others. In every case in which a Respondentis delicensed or suspended for more than six months, the Respondent must,within 21 days after the order is entered, accomplish the following acts:
(1)notify each client and any co-counsel in every pending legal matter,litigation, and non-litigation, that the Respondent has been delicensed orsuspended from the practice of law and is disqualified from furtherparticipation in the matter;
(2)notify each client that, in the absence of co-counsel, the client should obtaina new Lawyer, calling attention to the urgency to seek new counsel, particularlyin pending litigation;
(3)deliver to every client any papers or other property to which the client isentitled or, if delivery cannot reasonably be made, make arrangementssatisfactory to the client or co-counsel of a reasonable time and place wherepapers and other property may be obtained, calling attention to any urgency toobtain the same;
(4)refund any part of any fee paid in advance that has not been earned as of theorder?s effective date;
(5)in each matter pending before a court, agency, or tribunal, notify opposingcounsel or, in the absence of counsel, the adverse party, of the Respondent?sdelicensure or suspension and consequent disqualification to furtherparticipate as a Lawyer in the matter;
(6)file with the court, agency, or tribunal before which any matter is pending acopy of the notice given to opposing counsel or to an adverse party; and
(7)within 14 days after the effective date of delicensure or suspension, file anunsworn declaration with the OPC showing complete performance of the foregoingrequirements. The Respondent must keep and maintain for the OPC?s inspectionall records of the steps taken to accomplish the requirements of this rule.
(c) Lien. Any attorney?s lien for services rendered that are nottainted by reason of delicensure or suspension may not be rendered invalidmerely because of the order of discipline.
(d) Other notice. If a Respondent is suspended for six months or less,the district court may impose conditions similar to those set out in paragraph(b). In any public disciplinary matter, the district court may also require theRespondent to issue notice to others as it deems necessary to protect theinterests of clients or the public.
(e) Compliance. Substantial compliance with the provisions of paragraphs(a), (b) and (d) will be a precondition for reinstatement or relicensure.Willful failure to comply with paragraphs (a), (b) and (d) constitute contemptof court and may be punished as such or by further disciplinary action.
EffectiveDecember 15, 2020