(a) Classification. A lawyer who is incapable of practicing law because of physical or mental illness, incapacity, or other infirmity may be classified as an inactive member even if the lawyer has not been adjudged incompetent and no misconduct is alleged or proved.(b) Applicable Rules of Procedure. Proceedings under this rule must be processed under the Rules of Discipline in the same manner as proceedings involving acts of misconduct except that emergency or interim proceedings must be processed as stated in rule 3-5.2.(c) Proceedings On Adjudication of Incapacity or Hospitalization Under the Florida Mental Health Act or Under the Authority of Applicable Law. A lawyer may be classified as inactive and prohibited from practicing law if the lawyer has been adjudicated as incapacitated from the practice of law or is hospitalized under the Florida Mental Health Act or the authority of other applicable law concerning the capability of a lawyer to practice law. The Florida Bar must file a notice with the Supreme Court of Florida on receipt of information that a member has been adjudicated as incapacitated or is hospitalized under the Florida Mental Health Act or the authority of other applicable law concerning the capability of a lawyer to practice law. The court then will issue an order classifying the member as an inactive member.(d) Proceedings Upon Consent to Incapacity. A lawyer may consent to classification of inactive due to incapacity in the same manner as provided in rule 3-7.9 of these Rules Regulating The Florida Bar.(e) Effect of Incapacity. Any order placing a lawyer on the inactive list for incapacity under this subdivision immediately precludes the lawyer from accepting any new cases and, unless otherwise ordered, permits the lawyer to continue to represent existing clients for only the first 30 days after issuance of the order. Any fees paid to the lawyer during the 30-day period must be deposited in a trust account from which withdrawals may be made only in accordance with restrictions imposed by the court. An order placing the lawyer on interim probation under this subdivision may preclude the lawyer from accepting new cases either immediately or during a time specified in the order and may require that the lawyer deposit any fees paid to the lawyer during a specified time period in a trust account from which withdrawals may be made only in accordance with restrictions imposed by the order. After the first 30 days, the lawyer must cease practicing law.(f) Misconduct. If misconduct is alleged, the bar may determine whether it is appropriate to request placement on the inactive list or prosecute the underlying misconduct.(g) Reinstatement to Practice. A member who has been classified as inactive under this rule may be reinstated in the same manner as in proceedings for reinstatement after suspension for acts of misconduct. A member who has been adjudicated as incapacitated or hospitalized under the Florida Mental Health Act or the authority of other applicable law may be reinstated under proceedings for reinstatement after suspension only if an order of restoration is entered or the lawyer is discharged from hospitalization.Former Rule 3-7.12 renumbered as Rule 3-7.13 March 16, 1990, effective 3/17/1990 (558 So.2d 1008). Amended July 23, 1992, effective 1/1/1993 (605 So.2d 252); 7/17/1997 (697 So.2d 115); 3/23/2000 (763 So.2d 1002); 11/19/2009, effective 2/1/2010 (SC08-1890), (34 Fla.L.Weekly S628a). Amended April 12, 2012, effective 7/1/2012 (101 So.3d 807); amended September 5, 2024, effective 11/4/2024 (SC2024-0029).