REINSTATEMENT

(a) No person disbarred or suspended for a period of six (6) months or longer shall be reinstated to the privilege of practicing law except upon petition to the Court. (b) Reinstatement to the practice of law following any suspension shall be only upon proof of compliance with any such sanctions. Reinstatement to the practice of law following an attorney’s transfer to (c) disability inactive status is governed by Rule 24 of these Rules. (d) An attorney who has been disbarred for conviction of a felony criminal offense which conviction occurred after April 4, 2002, in a court of this state or any other state, or a court of the United States for any felony crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, the sale or distribution of a controlled substance, or an attempt, conspiracy or solicitation of another to commit such a crime, shall be ineligible for reinstatement to the practice of law. (e) An attorney who has been disbarred based on an underlying civil judgment pursuant to Rule 6(c) and (d) of these Rules shall be ineligible for reinstatement to the practice of law. Procedure (13.1) Disbarments. The petition for reinstatement shall not be filed until five (5) years after the date the order of disbarment became final. (13.2) Suspensions. A petition for reinstatement shall be required in all cases of suspension for a period of six (6) months or more. In cases of suspension pending satisfaction of conditions precedent, reinstatement shall not be permitted except upon proof that the conditions have been met. 31 (13.3) Suspensions - Revocation of Probation. Probation may be revoked upon clear and convincing proof that the attorney has failed to meet the terms of the probation. It shall be the duty of Complaint Counsel to monitor such suspensions with probation, to receive any reports which the attorney may be required to submit, and to take such action as may be appropriate in the circumstances. (13.4) Suspensions - Time for Filing Petitions for Reinstatement. A suspended attorney shall not file a petition for reinstatement until the expiration of the period of suspension and all conditions precedent are met. (13.5) Examination Requirements. No sooner than six (6) months prior to the time of eligibility for reinstatement of an attorney suspended for six months or longer, the petitioning attorney shall take the Multi-State Professional Responsibility Exam, as prepared by the National Conference of Bar Examiners, and achieve the score required for admission of new attorneys to the Bar. No sooner than six (6) months prior to the time of eligibility for reinstatement, a disbarred attorney shall be required to take and pass the complete Bar examination administered by the Mississippi Board of Bar Admissions and achieve the score required for admission of new attorneys to the Bar and the Multi-State Professional Responsibility Exam with the score required for admission of new attorneys to the Bar. (13.6) Effect - Adverse Determination. If a petition for reinstatement is denied or otherwise dismissed, no other petition shall be filed until one (1) year after the date of the prior adverse decision. (13.7) Contents of Reinstatement Petitions. All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for suspension or disbarment, give the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss or other harm due to the improper conduct, demonstrate the making of full amends and restitution, give specific reasons justifying reinstatement, and discuss in detail the attorney’s rehabilitation of the requisite moral character and legal learning to be reinstated to the privilege of practicing law. Upon filing, the petition shall be served upon the Bar, and an investigatory fee of $1,000.00 shall be paid to the Bar, in addition to any other sum due the Bar. The matters set out in this paragraph are mandatory for inclusion in the reinstatement petition. 32 (13.8) Board of Commissioners for the Bar. Upon receipt of the reinstatement petition, Complaint Counsel shall commence investigation within thirty (30) days. Upon completion of the investigation or within one hundred twenty (120) days from the commencement of the investigation, whichever occurs first, the Board of Bar Commissioners shall fully answer the petition. The Board shall determine, based upon Complaint Counsel’s investigation, whether the Bar supports, or objects to, the attorney’s reinstatement. Upon filing of the Bar’s answer, the proceedings shall continue as the Court may direct and the Court, in its discretion, may grant or deny the petition as circumstances and justice require. (13.9) Matter of Public Record. All petitions for reinstatement shall be matters of public record, Rule 16 of these Rules notwithstanding.