Section 26 - General Provisions (a) Privileges and Immunities. Communications to Bar Counsel, the ROC, or the BPR relating to lawyer misconduct or disability and testimony given in the proceedings shall be absolutely privileged, and no lawsuit predicated thereon may be instituted against any complainant or witness. Members of the BPR, members of the ROC, Bar Counsel, monitors, or any person acting on their behalf, and staff shall be immune from suit for any conduct in the course of their official duties. (b) Ex Parte Communications. Members of the BPR or the Court shall not communicate ex parte with Bar Counsel, a complainant, a respondent, respondent's counsel or any witness regarding a pending or impending investigation or disciplinary proceeding except as explicitly provided for by law or for scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits provided that: (1) It is reasonable to believe that no party will gain a procedural or tactical advantage as a result of the ex parte communication; and (2) Provision is made to notify all other parties of the substance of the ex parte communication and an opportunity to respond is allowed. (c) Pending Litigation. Investigations or disciplinary proceedings involving complaints with material allegations which are substantially similar to those made against the respondent in pending litigation may in the discretion of Bar Counsel, the ROC, or the BPR be deferred until the conclusion of such litigation. If the matter is deferred pending the conclusion of the litigation, the respondent shall make all reasonable efforts to obtain a prompt trial and final disposition of the pending litigation. If the respondent fails to take steps to assure a prompt disposition of the litigation, the investigation or disciplinary proceeding may be immediately resumed. (d) Protective Appointment of Counsel. When an attorney has been transferred to disability inactive status; or when an attorney has disappeared; or when an attorney has died; or when an attorney has been suspended or disbarred and there is evidence that the attorney has not complied with the provisions of Rule 21, and no partner, executor, or other responsible party capable of conducting the attorney's affairs is known to exist, a district judge in any judicial district in which the attorney maintained his office, upon the request of Bar Counsel, shall appoint legal counsel to inventory the files of the lawyer in question and to take any steps necessary to protect the interests of the attorney in question and the attorney's clients. (1) Counsel appointed pursuant to this rule shall not disclose any information contained in the files so inventoried without the consent of the client to whom such files relate, except as necessary to carry out the order of the court that appointed the counsel to make such inventory. (2) In protecting the best interests of the clients, any attorney or attorneys so appointed shall be immune from civil liability when his or her actions are performed in conformance with the Wyoming Rules of Professional Conduct. (e) Statute of Limitations. A complaint against an attorney shall be filed within four years of the time that the complainant discovers or reasonably should have discovered the misconduct. There shall be no statute of limitations for misconduct alleging fraud, conversion, or conviction of a serious crime, or for an offense the discovery of which has been prevented by concealment by the attorney. (f) Refusal of Complainant to Proceed; Compromise; or Restitution. Abatement of an investigation into the conduct of a lawyer or other related proceedings shall not be required by the unwillingness or neglect of the complainant to cooperate in the investigation, or by any settlement, compromise or restitution. A lawyer shall not, as a condition of settlement, compromise or restitution, require the complainant to refrain from filing a complaint, to withdraw the complaint, or to fail to cooperate with the Bar Counsel. Wyo. R. State Bar, Att'y Cond. & Prac. 26
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.