From Casetext: Smarter Legal Research

In re Procedures Reg. Prof. Conduct

Supreme Court of Arkansas
Oct 29, 2001
346 Ark. App'x 564 (Ark. 2001)

Opinion

Delivered October 29, 2001


On December 14, 2000, we published for comment proposed changes to the Procedures Regulating Professional Conduct of Attorneys at Law ("the Procedures"). After reviewing the comments received, substantial changes were made to the draft previously published. On July 9, 2001, we published the amended Procedures, with the changes to be effective January 1, 2002.

Since July 9, we have received additional comments on a change that was not published for comment in December 2000. Newly-numbered Section 22 of the amended Procedures (formerly Section 7J of the Procedures (1998)) contains a major change from the current Procedures in the area of restrictions on the activities of attorneys who have been disbarred or have surrendered a license. Set out below for comparison are: (1) Section 7J as it currently exists, (2) Section 22 that will become effective January 1, 2002, absent amendment by the Court, and (3) our proposed amendment to new Section 22, which we now publish for comment.

The comment period will run through December 3, 2001. Comments on the suggested changes to Section 22 ((3) above) should be made in writing and addressed to:

Clerk, Supreme Court of Arkansas

Attn: Procedures Regulating Professional Conduct of Attorneys

Justice Building 625 Marshall Street Little Rock, AR 72201.

* * *

Arkansas Supreme Court

Procedures Regulating Professional Conduct of Attorneys at Law

Section 7J. Employment of Certain Disciplined Attorneys. (Through December 31, 2001)

(1) When attorneys have been placed on inactive status, suspended, disbarred, or have surrendered their licenses, they are ineligible to practice law within this jurisdiction until readmitted or reinstated.

(2) While on suspension or inactive status, an attorney shall not be employed in any capacity whatsoever with a lawyer, law firm or lawyer professional association. Employment is construed as the provision of any services or labor for the benefit of the law practice of the employing lawyer or lawyers, whether compensated or not, and irrespective of the location where the services or labor may be performed.

(3) An attorney who has been disbarred or has surrendered his or her law license may be employed by a lawyer, law firm or lawyer professional association to perform such services only as may be ethically performed by other lay persons employed in the law offices. Provided, however, that the following conditions apply:

(a) Notice of such employment along with a full job description will be provided to the Executive Director before employment commences;

(b) Information reports verified by the employee and the employer will be submitted to the Executive Director semi-annually and will contain a statement by the employing attorney that no aspect of the employee's work for the period involved the unlicensed practice of law; and,

(c) The employed former lawyer shall have no direct contact with any client or receive, disburse, or otherwise handle trust funds or property.

* * *

Section 22. Employment of Certain Disciplined Attorneys.

(As approved and published July 9, 2001, to be effective January 1, 2002.)

A. When attorneys have been placed on inactive status, suspended, disbarred, or have surrendered their licenses, they are ineligible to practice law within this jurisdiction until readmitted or reinstated.

B. After having surrendered his or her law license, or having been disbarred, or while on suspension or inactive status, an attorney shall not be employed in any capacity whatsoever with a lawyer, law firm or lawyer professional association. Employment is construed as the provision of any services or labor for the benefit of the law practice of the employing lawyer or lawyers, whether compensated or not, and irrespective of the location where the services or labor may be performed.

* * *

Section 22. Restrictions on Former Attorneys — Proposed Revision for comment.

(If adopted, this version would replace Section 22 (above) now scheduled to become effective January 1, 2002.)

A. For the purposes of this section, a "former attorney" is any attorney who is disbarred, has surrendered a law license, is on suspension, or is on inactive status.

B. (1) A former attorney shall not occupy, share, rent, own, or use office space in any location where the practice of law is conducted.

(2) A former attorney shall not engage in the practice of law, nor may a former attorney engage in any employment in or related to the practice of law, except as specifically permitted in this section.

(3) For legal service provided to a client that was not completed prior to becoming a former attorney, a former attorney may receive compensation only on a quantum meruit basis.

(4) A former attorney shall promptly take such action as is necessary to cause the removal of any indicia of lawyer, counselor at law, attorney, legal assistant, law clerk, or similar title from any association with the name of the former attorney.

C. Consistent with the restrictions in subsection B, a former attorney may provide to attorneys and law firms, whether for or without compensation, services involving legal research, document preparation, drafting of pleadings and briefs, gathering information and other such services traditionally provided to attorneys by legal assistants and law clerks, provided the former attorney:

(1) Shall have no contact with clients or prospective clients of any attorney or law firm in person, by telephone, in writing, or by any other form of communication,

(2) Shall have no contact with client files, client confidences, or client property or funds,

(3) Any former attorney providing permitted services may be compensated only for the reasonable value of the services provided and shall not be compensated on a contingency basis or share in any way in any fees for legal services provided by an attorney, and

(4) Such services are not provided to any attorney or law firm with which the former attorney had an employment affiliation as an attorney prior to the time of final action which resulted in the attorney becoming a former attorney.

D. Any attorney or law firm utilizing the services of a former attorney as permitted in this section shall be responsible for the actions and work product of the former attorney in the rendering of such services and to ensure that the restrictions on a former attorney set out herein are observed.

E. An attorney shall not aid a former attorney in the unauthorized practice of law or in a violation of the restrictions set out herein on former attorneys. An attorney shall have an obligation, as under Model Rule 8.3, to report any violation of this section by a former attorney.

F. The maximum punishment for an attorney, or any former attorney on suspension or on inactive status, violating this section may be disbarment. A former attorney previously disbarred or who has surrendered a law license and who violates this section may be deemed to be in contempt of the Supreme Court and may be punished accordingly.


Summaries of

In re Procedures Reg. Prof. Conduct

Supreme Court of Arkansas
Oct 29, 2001
346 Ark. App'x 564 (Ark. 2001)
Case details for

In re Procedures Reg. Prof. Conduct

Case Details

Full title:IN RE: PROCEDURES REGULATING PROFESSIONAL CONDUCT OF ATTORNEYS AT LAW

Court:Supreme Court of Arkansas

Date published: Oct 29, 2001

Citations

346 Ark. App'x 564 (Ark. 2001)