Rule 19-743 - Order of Transfer to Disability Inactive Status(a)Effect of Order.(1)Generally. After the effective date of an order transferring an attorney to disability inactive status, the attorney (A) may not engage in any conduct prohibited to a disbarred or suspended attorney under Rule 19-741(a), and (B) except as provided in subsection (a)(2) of this Rule, must perform the duties required by Rule 19-741(c).(2)If Attorney Unable to Comply With Rule 19-741(c). If, due to the nature or severity of the attorney's incapacity, the attorney is unable to perform the duties required by Rule 19-741(c) and satisfactory arrangements have not been made for the performance of those duties, Bar Counsel may seek (A) the appointment of a conservator pursuant to Rule 19-734,(B) the appointment of counsel pursuant to Rule 19-739(h), or (C) both.Committee note: Because placement of an attorney on inactive status arises only from a finding of incapacity, as defined in Rule 19-701(m), there may be a legitimate question of whether the attorney is competent to fulfill the winding up obligations set forth in Rule 19-741(c). Unless another attorney capable of performing those duties has agreed to do so, Bar Counsel and the Court should give consideration to whether a conservator may need to be appointed to perform those duties.
(b)Duties of Clerk. Upon the filing of the order, the Clerk of the Supreme Court shall take the actions specified in Rule 19-741(a).(c)Duties of Bar Counsel. Bar Counsel shall perform the duties specified in Rule 19-741(d).(d)Conditions on Reinstatement. In an order that places an attorney on inactive status, the Court may permit the attorney to apply for reinstatement after a minimum period of time and upon conditions specified in Rule 19-753.(e)Other Provisions of Rule 19-741. The provisions of Rule 19-741(f), (g), (h), and (i) shall apply with respect to an order entered under this Rule. This Rule is derived from former Rule 19-744(2021).
Adopted June 6, 2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 4/1/2023.