EFFECT OF SUSPENSION, DISBARMENT, IRREVOCABLE

RESIGNATION, INCAPACITY, OR DEATH (a) Orders of suspension or disbarment shall be effective thirty (30) days following the filing of such an order, unless the Complaint Tribunal or the court determines immediate suspension or disbarment is required to protect the public from additional harm. (b) An appeal shall operate as a supersedeas except as to any judgment of disbarment or suspension for six months or more. Except as provided in Rule 9.3, a person disbarred or suspended shall not be permitted to practice law until restored to that privilege by the Court by way of an appeal or petition for reinstatement. (c) A suspended attorney may, at the discretion of the Complaint Tribunal or the Court, be placed on probation or specified terms. The terms may include the ability to practice law while on suspension. (d) A disbarred, suspended, or irrevocably resigned attorney shall, in writing: (1) notify all current clients of the attorney’s disbarment, suspension or resignation and the attorney’s consequent inability to act as an attorney after the effective date of his disbarment, suspension or resignation; (2) notify each adverse party involved in pending litigation or administrative proceedings and the attorney or attorneys for each adverse party in such proceedings, of his disbarment, suspension or irrevocable resignation and consequent inability to act as an attorney after the effective date of the attorney’s disbarment, suspension, or irrevocable resignation; (3) advise each client promptly to substitute other counsel in the attorney’s place or to seek legal advice elsewhere; (4) notify all affected courts and agencies of the attorney’s disbarment, suspension or irrevocable resignation and consequent inability to act as an attorney after the effective date thereof; and (5) give such other notice as the disciplinary agency last having jurisdiction may direct in the public interest. (e) In the event of irrevocable resignation, disbarment, or suspension, receivers may be appointed by the Complaint Tribunal for the limited purpose of making an inventory and disposing of the attorney's files, cases and practice. Neither receivers nor their associates shall be permitted to become counsel for any parties in the cases and files inventoried, but they shall be permitted to take such actions as appear necessary to protect the interests of the clients with pending cases and the interests of the attorney. The Complaint Tribunal shall receive and review reports from the receivers. (f) The Office of General Counsel shall monitor compliance with the terms of any 28 probation, suspension, disbarment, or irrevocable resignation. As necessary, the Office of General Counsel shall file motions for contempt for failure of an attorney to comply with such orders. Such motions shall be heard by the Complaint Tribunal assigned to original discipline matter. If no Complaint Tribunal has been assigned, or is the originally-assigned Complaint Tribunal is no longer presiding, the Clerk of the Supreme Court shall assign a Complaint Tribunal to hear the contempt matter. (g) Failure to comply with any order of discipline may be punished as a contempt and may constitute a separate ground for disciplinary action. Additionally, failure to comply with any order of discipline may be considered in any petition for reinstatement that may be filed. (h) Whenever an attorney has been transferred to inactive disability status, or disappears or dies, and no partner, or other responsible party capable of conducting the attorney’s affairs is known to exist, the chancery court of proper jurisdiction, upon proper proof of the fact, may appoint an attorney or attorneys as receivers to inventory the files of the inactive, missing or deceased attorney and to take such actions as seems indicated to protect the interest of the clients of the inactive, missing or deceased attorney and to generally carry out the functions described in Rule 12(d) of these rules. The duly appointed administrator of an estate shall be considered to be a responsible party for purposes of this rule. (i) Any attorney appointed receiver under this rule shall not be permitted to disclose any information contained in any files inventoried without the consent of the client to whom such file relates, except as necessary to carry out the orders of the appointing agency or court. Procedure (12.1) Notice to Be Given and Action to Be Taken. When an order of disbarment, or an order of suspension for an indefinite period, or a suspension without probation, or a determination of incapacity, or an irrevocable resignation, or proof of death is entered, the receivers, either with or without assistance from the suspended, disbarred, or irrevocably resigned attorney, shall immediately take such action as may be necessary to protect the interests of the clients of the subject attorney. This action shall include, but need not be limited to, giving notice that the attorney is disqualified to all clients in pending cases, all courts and agencies affected, all co-counsel in pending cases, and all opposing counsel in pending matters, or, in the absence of such counsel, the opposing parties. The receivers shall offer to deliver, and where appropriate, shall deliver, to all clients being represented in pending matters, any papers or any other property to which the clients are entitled and shall notify the clients and any counsel representing them of a suitable time and place where the papers or other property may be obtained. 29 On written motion with notice to the Bar, the Complaint Tribunal or the Court last having jurisdiction of the disciplinary matter involving the attorney shall have broad discretion in allowing the suspended, disbarred, or irrevocably resigned attorney to continue as the attorney of record in a particular case. The attorney, the attorney’s client, or other litigants shall have standing to file such a motion. (12.2) Questions Pertaining to Closing a Practice. The receivers shall present to the Complaint Tribunal or the chancery court that appointed the receivers any question upon which direction is needed. (12.3) Reports by Receivers. Upon the closing of a law practice pursuant to this Rule, the receivers shall tender appropriate reports to the Complaint Tribunal or the chancery court that appointed the receivers. Where appropriate or necessary, interim reports shall be tendered. (12.4) Law Partners - Continuance of Representation. If the client agrees, the law partners of a suspended, disbarred, irrevocably resigned, or disabled attorney may continue to represent any client affected by the attorney’s suspension, disbarment, irrevocable resignation, or inactive disability status, but notice thereof should be given as set out above. (12.5) Costs and Expenses. Reasonable and actual costs and expenses incurred by the receivers in the closing of the practice of a suspended, disbarred, or irrevocably resigned attorney except as normally payable by the client, shall be paid by the Bar. Should the Bar incur any costs or expenses associated with closing a practice, the Bar shall be entitled to recover of and from the suspended, disbarred, or irrevocably resigned attorney. 30