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Rule 14-526

Rule 14-526. Notice ofdisability or suspension; return of clients' property; refund of unearned fees.

(a) Effective date of order;winding up affairs. Each order that imposes disbarment or suspension iseffective 30 days after the date of the order, or at such other time as theorder provides. Each order that transfers a respondent to disability status iseffective immediately upon the date of the order, unless the order otherwiseprovides. After the entry of any order of disbarment, suspension, or transferto disability status, the respondent shall not accept any new retainer oremployment as a lawyer in any new case or legal matter; provided, however, thatduring any period between the date of entry of an order and its effective date,the respondent may, with the consent of the client after full disclosure, windup or complete any matters pending on the date of entry of the order.

(b) Notice to clients andothers. In every case in which a respondent is disbarred or suspended for morethan six months, the respondent shall, within 20 days of the entry of theorder, accomplish the following acts:

(b)(1) notify each client andany co-counsel in every pending legal matter, litigation and non-litigation,that the respondent has been disbarred or suspended from the practice of lawand is disqualified from further participation in the matter;

(b)(2) notify each client that,in the absence of co-counsel, the client should obtain a new lawyer, callingattention to the urgency to seek new counsel, particularly in pendinglitigation;

(b)(3) deliver to every clientany papers or other property to which the client is entitled or, if deliverycannot reasonably be made, make arrangements satisfactory to the client orco-counsel of a reasonable time and place where papers and other property maybe obtained, calling attention to any urgency to obtain the same;

(b)(4) refund any part of anyfee paid in advance that has not been earned as of the effective date of thediscipline;

(b)(5) in each matter pendingbefore a court, agency or tribunal, notify opposing counsel or, in the absenceof counsel, the adverse party, of the respondent's disbarment or suspension andconsequent disqualification to further participate as a lawyer in the matter;

(b)(6) file with the court,agency or tribunal before which any matter is pending a copy of the noticegiven to opposing counsel or to an adverse party; and

(b)(7) within ten days afterthe effective date of disbarment or suspension, file an affidavit with OPCcounsel showing complete performance of the foregoing requirements of thisrule. The respondent shall keep and maintain for inspection by OPC counsel allrecords of the steps taken to accomplish the requirements of this rule.

(c) Lien. Any attorney's lienfor services rendered which are not tainted by reason of disbarment orsuspension shall not be rendered invalid merely because of the order ofdiscipline.

(d) Other notice. If arespondent is suspended for six months or less, the district court may imposeconditions similar to those set out in paragraph (b). In any publicdisciplinary matter, the district court may also require the issuance of noticeto others as it deems necessary to protect the interests of clients or thepublic.

(e) Compliance. Substantialcompliance with the provisions of paragraphs (a), (b) and (d) shall be aprecondition for reinstatement or readmission. Willful failure to comply withparagraphs (a), (b) and (d) shall constitute contempt of court and may bepunished as such or by further disciplinary action.