N.Y. Comp. Codes R. & Regs. tit. 22 § 806.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 806.10 - Mental incapacity of attorney; protection of clients of disbarred and suspended attorneys

(a) Proceeding to determine alleged incapacity of attorney. Whenever, during the investigation of a complaint of professional misconduct or the prosecution of a disciplinary proceeding against an attorney, it shall appear that the attorney is incapacitated from continuing to practice law by reason of mental illness, drug addiction or alcoholism, or is otherwise mentally irresponsible, it shall be the duty of the chief attorney to petition the court to take appropriate action for determination of the attorney's mental condition, including examination by such qualified medical experts as the court shall designate. If the court is satisfied from the evidence that the attorney is so incapacitated, it shall suspend him from practice for such mental incapacity indefinitely and until further order, and any pending proceedings against him shall be held in abeyance. The court may appoint counsel to represent the attorney, if he lacks adequate representation.

(b) Procedure when respondent claims disability during course of disciplinary proceeding. If during the court of a disciplinary proceeding, respondent contends that he is suffering from a disability by reason of mental infirmity or illness, or because of addiction to drugs or intoxicants which makes it impossible for him adequately to defend himself, the court thereupon shall enter an order suspending respondent from continuing to practice law until a determination is made of the respondent's capacity to do so.

(c) Expenses of proceedings. The court may fix the compensation of any attorney or medical expert appointed pursuant to this section and direct that payment be made as an incident of the expenses of a disciplinary proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.10