Rule 115 - Notice of Change in License Status; Winding Down of Practice1.Who must comply. An attorney barred from the active practice of law, whether by disbarment, suspension, including suspension under SCR93 or SCR212, transfer to disability inactive status, or resignation with discipline pending must comply with this rule. An attorney who resigns without discipline pending under SCR93(5)(a) and who has any Nevada clients must also comply with this rule solely with respect to the attorney’s Nevada clients. If an attorney who resigns under SCR93(5)(a) has no Nevada clients, then the attorney shall file the affidavit described in SCR SCR115(4).2.Duty to notify clients not involved in legal proceedings. An attorney who is required to comply with this rule shall immediately notify, by registered or certified mail, return receipt requested, all clients being represented in pending matters, other than litigation or administrative proceedings, of their disbarment, suspension, transfer to disability inactive status, or resignation and consequent inability to act as an attorney. The attorney shall further advise the clients to seek other legal advice of their own choice, and shall inform them of any relevant limitation period and deadlines.3.Duty to notify clients and forums involved in proceedings. An attorney barred from the active practice of law, whether by disbarment, suspension, including suspension under SCR93 or SCR212, transfer to disability inactive status, or resignation, shall immediately notify, by registered or certified mail, return receipt requested, (1) each of the attorney’s clients who is involved in pending litigation, administrative proceedings, arbitration, mediation or other similar proceedings, (2) the attorney(s) for each adverse party in such matters, and (3) the court, agency, arbitrator, mediator, or other presider over such proceeding of the attorney’s disbarment, suspension, transfer to disability inactive status, or resignation and consequent inability to act as an attorney. The notice to the client shall state the desirability of prompt substitution of another attorney of the client’s own choice and shall list any upcoming appearances and deadlines. The notice given to the attorney for an adverse party shall provide the last known address of the client. In the event the client does not obtain substitute counsel within 30 days of the attorney’s notice to the client, it shall be the responsibility of the attorney to move in the court, agency, or other forum in which the proceeding is pending for leave to withdraw, if leave is required.
4.Duty to inform supreme court of compliance with order. Within 10 days after the entry of the disbarment, suspension, transfer to disability inactive status, or resignation order, the attorney shall file an affidavit of compliance with the supreme court, bar counsel, and, if the suspension was under SCR212, with the board of continuing legal education. The affidavit must show: , with the board of continuing legal education. The affidavit must show: (a) That the attorney has fully complied with the provisions of the order and with these rules;(b) All other state, federal, and administrative jurisdictions to which the attorney is admitted or specially admitted to practice;(c) That the attorney has served a copy of his or her affidavit on bar counsel;(d) The address and telephone number of the attorney and that of a contact person, if any, designated for client files; and(e) The status of any client or third-party funds being held.5.Maintenance of records. An attorney required to comply with this rule shall maintain records of their proof of compliance with these rules and with the disbarment, suspension, transfer to disability inactive status, or resignation order for the purposes of subsequent proceedings. Proof of such compliance shall be a condition precedent to reinstatement. 6.Return of client property. The attorney shall deliver to all clients being represented in pending matters any papers or other property to which they are entitled and shall notify them and any counsel representing them of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property.7.Failure to comply. If an attorney subject to this rule fails to comply with any provision of this rule or the court’s order of disbarment, suspension, transfer to disability inactive status, or resignation, the court may enter an order to accomplish the purpose of this rule.8.Effective date. Orders imposing suspension or disbarment or approving resignation shall be effective immediately. After entry of the order, the attorney shall not accept any new retainer or act as attorney for another in any new case or legal matter of any nature. However, for 15 days from the entry date of the order, the attorney may wind up and complete, on behalf of any client, all matters pending on the entry date.Added; effective 2/15/1979; amended effective 3/1/2007; amended effective 2/4/2022; amended effective 10/26/2023.