any contact with third parties regarding such

negotiation or transaction; (D) receiving, disbursing or exercising any con- trol over clients’ funds or other property held in trust and related accounts; (E) using the titles ‘‘attorney’’ or ‘‘lawyer,’’ or the designations ‘‘Esq.,’’ or ‘‘J.D.’’ to describe one- self; or (F) communicating with clients and third parties regarding matters that are the subject of represen- tation by the supervising attorney or his or her firm. (4) ‘‘Employ’’ means to engage the services of another, including employees, agents, indepen- dent contractors and consultants, regardless of whether any compensation is paid. (b) (1) No deactivated attorney shall be permit- ted to engage in any law-related activities or to be employed as a paralegal or legal assistant unless expressly permitted by the court as pro- vided in this section. (2) The court may expressly permit, by written order, a deactivated attorney to perform any of the following activities, under the supervision of a supervising attorney, as provided herein: (A) performing legal work of a preparatory nature, such as conducting legal research, assembling data and other necessary information, and drafting transactional documents, pleadings, briefs, and other similar documents; and (B) providing clerical assistance to the supervis- ing attorney. (c) No attorney who knows or should have known that an attorney’s license has been deacti- vated, shall employ the deactivated attorney to engage in any law-related activities or to act as a paralegal or legal assistant, without the permis- sion of the court, as provided in this section. (d) A deactivated attorney shall not engage in law-related activities or be employed as a parale- gal or legal assistant on behalf of any client pre- viously represented by the deactivated attorney or for whom the deactivated attorney had previously provided any legal services in the ten year period prior to deactivation. During the period of employ- ment of the deactivated attorney, the supervising attorney or his or her firm shall not assume repre- sentation of any matter on behalf of any client pre- viously represented by the deactivated attorney or for whom the deactivated attorney had previously provided any legal services in the ten year period prior to deactivation. (e) (1) An attorney desiring to become a super- vising attorney shall file a written application on a form approved by the Office of the Chief Court Administrator. (2) The application shall be filed with the court in the docket number of the matter in which the deactivated attorney was suspended, disbarred, placed on inactive status or resigned. A copy of the application shall be served by the applicant on the Office of the Chief Disciplinary Counsel. (3) An application filed under this section shall be assigned to the same judge who presided over the matter in which the deactivated attorney resigned or was disbarred, suspended, or placed on inactive status. If that judge is no longer avail- able, the administrative judge in the judicial district where the deactivation proceeding was held shall assign the matter to another judge. (f) The court shall schedule the application for a hearing to determine the following: (1) whether the deactivated attorney should be permitted to perform the activities permitted herein; (2) whether the attorney will be appointed to serve as the supervising attorney for the deacti- vated attorney; and (3) whether any additional monitoring, condi- tions, or restrictions are necessary. (g) If the relationship between the supervising attorney and the deactivated attorney terminates, the supervising attorney shall send written notice to the court within fifteen days of the termination of the relationship. A copy of the written notice shall be served on the Office of the Chief Disciplin- ary Counsel. (h) Violation of this section by the deactivated attorney or the supervising attorney shall consti- tute a violation of Rule 8.4 (4) of the Rules of Professional Conduct. (i) In any application for reinstatement, the supervising attorney and a deactivated attorney under the supervision of a supervising attorney pursuant to this section shall certify that he or she has complied with the requirements of this section during the period of suspension, disbarment, res- ignation, or inactive status. (Adopted June 12, 2015, to take effect Jan. 1, 2016.)