Rule 3.1 - Interim Suspension During Pendency of Disciplinary Proceedings(a) Petition for Interim Suspension. At any time after Disciplinary Counsel has determined probable cause exists that an attorney or LP has engaged in misconduct, has evidence sufficient to establish a probable violation of one or more rules of professional conduct or the Bar Act, and reasonably believes that clients or others will suffer immediate and irreparable harm by the continued practice of law by the attorney or LP, Disciplinary Counsel shall petition the Adjudicator for an order for interim suspension of the attorney's or LP's license to practice law pending the outcome of the disciplinary proceeding.(b) Contents of Petition; Notice to Answer; Service. A petition for the suspension of an attorney or LP under this rule shall set forth the acts and violations of the rules of professional conduct or statutes submitted by the Bar, together with an explanation of why interim suspension is warranted under BR 3.1(a). If a formal complaint has been filed against the attorney or LP, a copy shall be attached. The petition may be supported by documents or affidavits. The notice to answer shall provide that an answer to the petition must be filed with the Disciplinary Board Clerk within fourteen (14) days of service and that, absent the timely filing of an answer with the Disciplinary Board Clerk, the relief sought can be obtained. Disciplinary Counsel shall file the petition with the Disciplinary Board Clerk and shall serve a copy, along with the notice of answer, on the attorney or LP pursuant to BR 1.8.(c) Answer by Attorney or LP. The attorney or LP shall file an answer to the Bar's petition with the Disciplinary Board Clerk within fourteen (14) days of service. The attorney or LP shall mail a copy of the answer to Disciplinary Counsel and file proof of mailing with the Disciplinary Board Clerk.(d) Default; Entry of Order. The failure of the attorney or LP to answer the Bar's petition within the time provided in BR 3.1(c) constitutes a waiver of the attorney's or LP's right to contest the Bar's petition, and all factual allegations contained in the petition shall be deemed true. Not earlier than fourteen (14) days after service of the petition and in the absence of an answer filed by the attorney or LP named in the petition, the Adjudicator shall review the sufficiency of the petition. If the petition establishes a probable violation of one or more rules of professional conduct or the Bar Act, and a reasonable belief that clients or others will suffer immediate or irreparable harm by the continued practice of law by the attorney or LP, the Adjudicator shall enter an appropriate interim order suspending the attorney's or LP's license to practice law until further order of the Adjudicator or the Supreme Court. The Disciplinary Board Clerk shall send copies of the order to the parties.(e) Answer filed; Setting hearing on interim suspension. Upon the timely filing of the attorney's or LP's answer pursuant to BR 3.1(c), the Adjudicator shall hold a hearing on the Bar's petition not less than 30 days nor more than 60 days after the date the answer is filed. The Disciplinary Board Clerk shall promptly notify Disciplinary Counsel and the attorney or LP named in the petition of the date, time, and location of the hearing. The hearing shall take place consistently with BR 5.3(a), (b), (c), and (d). At the hearing, the Bar must prove by clear and convincing evidence that one or more rules of professional conduct or provision of the Bar Act has been violated by the attorney or LP named in the petition and that clients or others will suffer immediate or irreparable harm by the continued practice of law by the attorney or LP. Proof that clients or others will suffer immediate or irreparable harm by the continued practice of law by the attorney or LP may include, but is not limited to, establishing within the preceding 12-month period:(1) theft or knowing conversion of funds held by the attorney or LP in any fiduciary capacity, including but not limited to funds that should have been maintained in a lawyer or LP trust account;(2) three or more instances of failure to appear in court on behalf of a client notwithstanding having notice of the setting; or(3) abandoning a practice with no provision of new location or contact information to three (3) or more clients. If the attorney or LP, having been notified of the date, time, and location of the hearing, fails to appear, the Adjudicator may enter an order finding the attorney or LP in default, deeming the allegations contained in the petition to be true, proceed on the basis of that default consistent with BR 3.1(d), and enter an appropriate order. The Disciplinary Board Clerk shall send copies of the order to the parties.
(f) Order of Adjudicator; Suspension; Restrictions on Trust Account; Notice to Clients; Custodian; Other Orders. The Adjudicator, upon the record pursuant to BR 3.1(d) or after the hearing provided in 3.1(e), shall enter an appropriate order. If the Adjudicator grants the Bar's petition and grants an interim suspension of the attorney's or LP's license to practice law, the order of suspension shall state an effective date. The suspension shall remain in effect until further order of the Adjudicator or the court. The Adjudicator may enter such other orders as appropriate to protect the interests of the suspended attorney or LP, the suspended attorney's or LP's clients, and the public, including, but not limited to: (1) an order that, when served upon a financial institution, serves as an injunction prohibiting withdrawals from the attorney's or LP's trust account or accounts except in accordance with restrictions set forth in the Adjudicator's order.(2) an order directing the attorney or LP to notify current clients and any affected courts of the attorney's or LP's suspension; and to take such steps as are necessary to deliver client property, withdraw from pending matters, and refund any unearned fees.(3) an order appointing another attorney or LP as custodian to take possession of and inventory the files of the suspended attorney or LP and take such further action as necessary to protect the interests of the suspended attorney's or LP's clients. Any attorney or LP so appointed by the court shall not disclose any information contained in any file without the consent of the affected client, except as is necessary to carry out the order of the Adjudicator. The Disciplinary Board Clerk shall send copies of the order to the parties.
(g) Costs and Expenses. The Adjudicator may direct that the costs and expenses associated with any proceeding under this rule be allowed to the prevailing party. The procedure for the recovery of such costs shall be governed by BR 10.7 as practicable.(h) Duties of Attorney or LP. An attorney or LP suspended from practice under this rule shall comply with the requirements of BR 6.3(a) and (b). An attorney or LP whose suspension under this rule exceeds 6 months must comply with BR 8.1 to be reinstated. An attorney or LP whose suspension under this rule is 6 months or less must comply with BR 8.2 in order to be reinstated.(i) Application of Other Rules. Except as specifically provided herein, Title 4, Title 5, and Title 6 of the Rules of Procedure do not apply to proceedings brought pursuant to BR 3.1.(j) Accelerated Proceedings Following Interim Suspension. When an attorney or LP has been suspended by order entered pursuant to BR 3.1(f), the related formal complaint filed by the Bar shall thereafter proceed and be determined as an accelerated case, without unnecessary delay. If no formal complaint has been filed against the attorney subject to suspension under this Rule, notwithstanding the provisions of this Rule, the interim suspension shall expire 45 days after date of entry. If a formal complaint has been filed, and the attorney files a timely answer contesting the charges in the formal complaint, the Adjudicator shall direct the Disciplinary Board Clerk to schedule the trial on the Bar's formal complaint (and any amendments thereto) within 120 days of the filing of the attorney's answer to the formal complaint.(k) Supreme Court Review. No later than fourteen (14) days after the entry of an order pursuant to BR 3.1(f), Disciplinary Counsel or the attorney or LP who is the subject of an order entered pursuant to BR 3.1(f) may request the Supreme Court to review the Adjudicator's order, including conducting a de novo review on the record, on an expedited basis. Unless otherwise ordered by the court, an interim order of suspension, if entered, shall remain in effect until the court issues its decision.(l) Termination of Interim Suspension. An order for interim suspension will only terminate upon further order of the Adjudicator or the Supreme Court, or upon the final disposition of the Bar's charges in the formal complaint as determined by the Disciplinary Board or the Supreme Court, if the Bar or the attorney appeals the Disciplinary Board's decision as provided in BR 10.2. For purposes of this rule, "final disposition" means the date upon which the time to appeal the Disciplinary Board's decision has expired, or, in the case of an appeal, the effective date of the Supreme Court's decision.Rule 3.1h amended by letter dated December 10, 1987. Rule 3.1 amended by Order dated February 23, 1988. Rule 3.1f amended by Order dated March 13, 1989, effective 4/1/1989, corrected6/1/1989. Rule 3.1a and g amended by Order dated May 15, 1995. Rule 3.1g3 added and 3.1h-3.1j amended by Order dated October 19, 2009. Former Rule 3.1d, 3.1f, 3.1g and 3.1g1 deleted; former Rule 3.1c, 3.1e, 3.1g2, 3.1g3, 3.1h, 3.1i, and 3.1j redesignated 3.1e, 3.1f, 3.1f1, 3.1f3, 3.1g, 3.1j, and 3.1l; Rule 3.1c, 3.1d, 3.1e1, 3.1e2, 3.1e3, 3.1f2, 3.1h, 3.1i, and 3.1k added; and Rule 3.1a, 3.1b, 3.1e, 3.1f, 3.1f1, 3.1f3, 3.1 g, 3.1j, and 3.1l amended by Order dated May 3, 2017, effective 1/1/2018. Rule 3.1(a) through (f) and (k) through (H)a) and (e) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 3.1 (a) through (f), (j), (k), and (l) amended by Order dated December 26, 2023, effective 1/1/2024.