Rule 34.23 - Suspension and revocation generally(1) Timing of suspension. When the event the supreme court suspends an attorney's license to practice law, the suspension continues for the minimum time specified in such order and until the supreme court approves the attorney's written application for reinstatement, if such application is required. If the suspension is pursuant to rule 36.21, the suspension period will start ten days from the date of the suspension order unless the supreme court orders otherwise. The suspension period for all other suspensions begins on the same day as the suspension order unless the supreme court orders otherwise.(2)Post-suspension requirements. An attorney who is ordered to be suspended must do the following within ten days of the filing date of the suspension order as conditions for reinstatement to practice: a. File a notice of license suspension in each pending or active matter in every court, agency, or tribunal where the attorney is listed as counsel of record. The notice of license suspension must include the date of the start of the term of suspension, the ordered duration Ch , p.22 of suspension, and a statement that the attorney cannot represent the client until the supreme court issues an order reinstating the attorney's license.b. Send each of the attorney's active clients written notice of the following: (1) The attorney's license is suspended and the attorney cannot provide legal advice or representation to the client until the supreme court has reinstated the attorney's license.(2) The client should seek legal advice and representation elsewhere, calling attention to the client's need for any urgency in seeking representation from another attorney.(3) The client has the right to retrieve the client's file, papers, and any other client property in the attorney's possession.(4) The client has a right to a refund of fees paid in advance that have not been earned and stating the amount of the client's unearned fees.c. Send the client security commission a copy of the attorney's or firm's balanced monthly triple reconciliation for the prior month for each trust account in which client funds are held, including copies of the bank statement for the month, the check register, and subaccount ledgers indicating the amount of funds in the trust account that belong to each client.d. A copy of each notice sent pursuant to rules 34.23(2)(a) and (b) must be filed with the disciplinary board within 15 days of the effective date of the suspension. Failure to timely file the notices may be considered a separate disciplinary violation.(3)Post-revocation requirements. When an attorney's license is revoked, the attorney must do the following as conditions for readmission to practice: a. Within ten days of the filing date of the revocation order, send each client on the attorney's active client list written notice of the following: (1) The attorney's license has been revoked and the attorney can no longer provide legal advice or representation to the client.(2) The client needs to seek legal advice and representation elsewhere, calling attention to the client's need for any urgency in seeking representation from another attorney.(3) The client needs to retrieve the client's file, papers, and any other client property in the attorney's possession.(4) The client will be refunded any fees paid in advance that have not been earned and stating the amount of the client's unearned fees.b. Within 30 days of the date of the revocation order:(1) Return all client files, papers, and any other client property in the attorney's possession.(2) Return all funds owed to each client.c. Send the client security commission a copy of the attorney's or firm's balanced monthly triple reconciliation for the prior month for each trust account in which client funds are held, including copies of the bank statement for the month, the check register, and subaccount ledgers indicating the amount of funds in the trust account that belong to each client.d. A copy of each notice sent pursuant to rules 34.23(3)(a) and (b) must be filed with the disciplinary board within 15 days of the effective date of the revocation. Failure to timely file the notices may be considered a separate disciplinary violation.(4) Activities during suspension. A suspended attorney must refrain during such suspension from all facets of ordinary law practice including, but not limited to, the following: examination of abstracts; consummation of real estate transactions; preparation of legal briefs, deeds, buy and sell agreements, contracts, wills, and tax returns; acting as a fiduciary; and when possible, advertising the attorney's services or holding out to the public that he or she is a licensed attorney. The suspended attorney may, however, act as a fiduciary for an estate, including a conservatorship or guardianship, of any person related to the suspended attorney within the second degree of affinity or consanguinity.(5) Employment of suspended attorneys. Nothing in this rule precludes an attorney, law firm, or professional association from employing a suspended attorney to perform such limited services as laypersons may ethically perform under all of the following conditions:a. Notice of employment, together with a full job description, must be provided by the employer and suspended attorney to the disciplinary board and client security commission before employment commences.b. The employer and suspended attorney must verify and submit informational reports quarterly to the disciplinary board certifying that no aspect of the suspended attorney's work has involved the unauthorized practice of law.c. A suspended attorney must not have direct or personal association with any client and must not disburse or otherwise handle funds or property of a client.Admi. Gen. Prov. Griev. Commi. and. Attor. Disci. Board. 34.23
Court Order January 26, 2016, effective 4/1/2016; 12/13/2017, effective 1/1/2018; October 24, 2019, effective 1/1/2020; court order September 14, 2021, effective 10/1/2021; court order September 19, 2022, effective 10/1/2022; court order December 12, 2023, effective 1/1/2024.