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Rule 15-526. Notice of disability or suspension; return ofclients' property; refund of unearned fees.

 

(a) Effective date of order;winding up affairs. Each order that imposes delicensureor suspension is effective 30 days after the date of the order, or at suchother time as the order provides. Each order that transfers a respondent todisability status is effective immediately upon the date of the order, unlessthe order otherwise provides. After the entry of any order of delicensure, suspension, or transfer to disability status,the respondent shall not accept any new retainer or employment as a licensedparalegal practitioner 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 delicensed or suspended for morethan six months, the respondent shall, within 20 days of the entry of theorder, accomplish the following acts:

(b)(1) notifyeach client (and any other licensed paralegal practitioner or lawyer assistingthe client) in every pending legal matter, litigation and non-litigation, thatthe respondent has been delicensed or suspended from the practice of law and isdisqualified from further participation in the matter;

(b)(2) notify each clientthat, in the absence of co-counsel, the client should obtain a new licensedparalegal practitioner or lawyer, calling attention to the urgency to seek newassistance, particularly in pending litigation;

(b)(3) deliver to everyclient any papers or other property to which the client is entitled or, ifdelivery cannot reasonably be made, make arrangements satisfactory to theclient of a reasonable time and place where papers and other property may beobtained, calling attention to any urgency to obtain the same;

(b)(4) refundany part of any fee paid in advance that has not been earned as of theeffective date of the discipline;

(b)(5) in each matterpending before a court, agency or tribunal, notify opposing counsel or, in theabsence of counsel, the adverse party, of the respondent's delicensureor suspension and consequent disqualification to further participate as alicensed paralegal practitioner in the matter;

(b)(6) filewith the court, agency or tribunal before which any matter is pending a copy ofthe notice given to opposing counsel or to an adverse party; and

(b)(7) withinten days after the effective date of delicensure orsuspension, file an affidavit with OPC counsel showing complete performance ofthe foregoing requirements of this rule. The respondent shall keep and maintainfor inspection by OPC counsel all records of the steps taken to accomplish therequirements of this rule.

(c) 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.

(d) Compliance. Substantialcompliance with the provisions of paragraphs (a), (b) and (c) shall be aprecondition for reinstatement or relicensure.Willful failure to comply with paragraphs (a), (b) and (c) shall constitutecontempt of court and may be punished as such or by further disciplinaryaction.

Effective November 1, 2018