Frequently_Asked_Questions_regarding_Suspended_Lawyers.pdf (2017)
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FREQUENTLY ASKED QUESTIONS REGARDING SUSPENDED LAWYERS
1. May a suspended attorney file a motion to withdraw or substitution of
counsel? Yes. A suspended attorney who files a motion to withdraw or a
motion for substitution of counsel does not engage in the unauthorized
practice of law. Such conduct is consistent with the suspended lawyerâs
obligation to make appropriate arrangements for the disposition of
matters in the lawyerâs care in conformity with the clientsâ wishes. Tenn.
Sup. Ct. R. 9 § 28.7. 1
2. May a suspended attorney make a court appearance in conjunction with a
motion to withdraw or substitution of counsel? Yes. A suspended attorney
who makes a court appearance on a motion to withdraw or a motion for
substitution of counsel does not engage in the unauthorized practice of
law. Such conduct is consistent with the suspended lawyerâs obligation to
make appropriate arrangements for the disposition of matters in the
lawyerâs care in conformity with the clientsâ wishes. Tenn. Sup. Ct. R. 9 §
28.7.
3. May a suspended attorney continue to work at a law office as a
paralegal? No. Doing so would violate Tenn. Sup. Ct. R. 8, RPC 5.5(h).
4. May a suspended attorney continue to receive a paycheck from the
attorneyâs firm? Yes, if the paycheck is for legal work performed prior to
the suspension.
5. If the suspended attorneyâs name is in the firmâs name, must the firm
change the name while the attorney is suspended? If so, must the firm print
new letterhead, get a new sign, new website, etc.? It is considered the
unauthorized practice of law for a suspended lawyer to hold himself out as
authorized to practice law. It is also âfalse and misleadingâ for a
1
The answers are the opinion of Disciplinary Counsel for the Board of Professional Responsibility of the Supreme
Court of Tennessee.
suspended lawyer to continue advertising and using letterhead, notices,
and signage which state or imply that he is available to perform legal
services. A lawyer should therefore take all practical steps to alter the
content or discontinue use of any medium of communication which
advertises the suspended lawyerâs availability. However, a firm must
amend its letterhead and all website and other advertising to either delete
the name of the suspended lawyer or otherwise indicate his ineligibility to
practice. Tenn. Sup. Ct. R. 9 § 28.8
6. May the suspended attorney represent himself/herself pro se in a court
proceeding? Yes.
7. Does the suspended attorney need to continue paying his/her annual
registration fee and submit the mandatory IOLTA form? Yes, all
requirements pursuant to Tenn. Sup. Ct. R. 9 § 10 for registration and
payment of annual registration fees apply to suspended attorneys.
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| ModifyDate | Thursday, April 13, 2017 3:43 PM -05:00 |
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