New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.15 - Conduct of Disbarred or Suspended Attorneys

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Prohibition Against
					 Practicing Law. Attorneys disbarred or suspended shall comply with Judiciary
					 Law §§ 478, 479, 484 and 486. A fter entry of an order of disbarment
					 or suspension, the affected respondent shall not accept any new retainer or
					 engage in any new case or legal matter of any nature as attorney for another.
					 However, during the period between the entry date of the order and its
					 effective date, the respondent may wind up and complete, on behalf of any
					 client, all matters which were pending on the entry date.
(b) Notification of Clients.
					 Within 10 days of the date of entry of an order of suspension or disbarment,
					 the affected respondent shall notify, by certified mail and, where practical,
					 electronic mail, each client of the respondent, the attorney for each party in
					 any pending matter, the court in any pending matter, and the Office of Court
					 Administration for each action where a retainer statement has been filed
					 pursuant to court rules. The notice shall state that the respondent is unable
					 to act as counsel due to disbarment or suspension. A notice to a respondent's
					 client shall advise the client to obtain new counsel. A notice to counsel for a
					 party in a pending action, or to the Office of Court Administration in
					 connection with an action where a retainer statement has been filed pursuant to
					 court rule, shall include the name and address of the respondent's client.
					 Where counsel has been appointed by a court, notice shall also be provided to
					 the appointing court.
(c) Duty to Return Property and Files.
					 Within 30 days of the date of entry of the order of suspension or disbarment,
					 the affected respondent shall deliver to all respondent's clients or third
					 parties, or to a successor attorney designated by such clients or third
					 parties, all money and property (including legal files) in the possession of
					 the respondent to which such clients or third parties are entitled.
(d) Discontinuation of
					 Attorney Advertising. Within 30 days of the date of entry of the order of
					 suspension or disbarment, the affected respondent shall discontinue all public
					 and private notices through advertising, office stationery and signage, email
					 signatures, voicemail messages, social media, and other methods, that assert
					 that the respondent may engage in the practice of law.
(e) Forfeiture of Secure Pass.
					 Within 30 days of the date of entry of the order of suspension or disbarment,
					 the affected respondent shall surrender to the Office of Court Administration
					 any Attorney Secure Pass issued to him or her.
(f) Affidavit of Compliance.
					 Within 45 days after the date of service of the order of disbarment or
					 suspension, the affected respondent shall file with the Court, together with
					 proof of service upon the Committee, an affidavit in the form in Appendix B to
					 these Rules showing a current mailing address for the respondent and that the
					 respondent has complied with the order and these Rules.
(g) Compensation. A respondent
					 who has been disbarred or suspended from the practice of law may not share in
					 any fee for legal services rendered by another attorney during the period of
					 disbarment or suspension but may be compensated on a quantum meruit basis for
					 services rendered prior to the effective date of the disbarment or suspension.
					 On motion of the respondent, with notice to the respondent's client, the amount
					 and manner of compensation shall be determined by the court or agency where the
					 action is pending or, if an action has not been commenced, at a special term of
					 the Supreme Court in the county where the respondent maintained an office. The
					 total amount of the legal fee shall not exceed the amount that the client would
					 have owed if no substitution of counsel had been required.
(h) Required Records. A
					 respondent who has been disbarred or suspended from the practice of law shall
					 keep and maintain records of the respondent's compliance with this rule so
					 that, upon any subsequent proceeding instituted by or against the respondent,
					 proof of compliance with this rule and with the disbarment or suspension order
					 or with the order accepting resignation will be available.