Subject Guide

Model Rules for Lawyer Disciplinary Enforcement
2001 Edition

Abatement of conditions, Rule 26
Abstention,
board members, Rule 2.F.
hearing committee members, Rule 3.F.
Adjudication in other jurisdiction, conclusiveness, Rule 22.E.
Adjudicative functions of agency, Rule 2.A., Rule 2.G.(8)
Admission to practice,
jurisdiction, Rule 6.B.
notice to agency, Rule 7
Admissions to charges,
conditional 21.A.
failure to answer as, Rule 11.D.(3), Rule 33.A.
failure to appear as, Rule 33.B.
Admonitions, Rule 10.A.(5)
recommendation by disciplinary counsel, Rule 11.C.(1)
respondent's right to formal proceeding, Rule 11.C.(1)
review of discipline by consent, Rule 21.B.
Advisory opinions, Rule 4.C.
Affidavits,
in discipline by consent, Rule 21.D.
in reinstatement following suspension of six months or less, Rule 24
termination of probation, Rule 10.A.(3)
upon disbarment, suspension or transfer to disability inactive status, Rule 27.H.
Affirmations, Rule 14.A.
Agency
complaints against, Rule 18.K.
limitation of functions, Rule 2.B.
structure, Rule 2.A.
Alcohol, abstinence from, Rule 25.E.(3), Rule 25.I.
Alternates
board members, Rule 2.F.
hearing committee members, Rule 3.C.
Alternatives to Discipline Programs, Rule 11.G.
Answer
failure to, Rule 33
filing of, Rule 11.D.(3)
Application for readmission or reinstatement following adverse decision, Rule 25.H.
Appeal by complainant, Rule 31
notice of, Rule 1.b.(5)(c)
Appear, failure to, Rule 33
Appellate review functions of board, Rule 2.G.(5)
Arbitration, Rule 1.A.
Assessments, Rule 8
Audit of agency expenses, Rule 5
Availability of information, Rule 16.A.
Bank accounts, verification of, Rule 30
Bar examination,
on readmission, Rule 25.I.
reinstatement from disability inactive status, Rule 23.D.(5)
Board,
abstention/alternate members, Rule 2.F.
appointment Rule 2.B.
compensation and expenses, Rule 2.E., Rule 5
discontinuance of jurisdiction in discipline by consent, Rule 21.C.
disqualification of members, Rule 2.F.
election of officers, Rule 2.C.
immunity, Rule 12.A.
members as respondents, Rule 18.K.
powers and duties, Rule 2.G.
quorum, Rule 2.D
report, Rule 11.D.(4), Rule 11.E
review of hearing committee report, Rule 11.E.
structure, Rule 2
Budget,
disciplinary counsel's, Rule 4.B.(14)
Burden of proof, Rule 18.D.
in hearing on reinstatement or readmission, Rule 25.G.
in petition for transfer to active status, Rule 23.D.(6)
in reciprocal discipline, Rule 22.D.
Central intake
establishment of, Rule 1.B.
guidelines for, Rule 4.B.(7)
referral to, Rule 11.A.
Chairs of hearing committees, see Hearing committee chairs
Civil litigation, see Litigation
Civil suit, immunity from, Rule 12.A.
Client Protection Fund
component of lawyer regulatory system, Rule 1.A
notice to, Rule 16.B.(4)
reimbursement, Rule 10.A.(6)
Client Security Fund, see Client Protection Fund
Clients
notice of immediate interim suspension for conviction of crime, Rule 19.F.
notice of immediate interim suspension for threat of harm, Rule 20.C.
respondent's notice to, Rule 27
Commitment, involuntary, Rule 23
Competence
criteria for reinstatement or readmission, Rule 25.E.(7)
judicial declaration of, Rule 23.E.(7)
proof in reinstatement from disability inactive status, Rule 23.D.(5)
Complainant
appeal by, Rule 31
delay caused by, Rule 18.I.
notice to, Rule 1.B, Rule 4.B.(6) and (13), Rule 11.A, Rule 11.B.(3)
objections to reinstatement or readmission of lawyer, Rule 25.D.
service of copy of petition for reinstatement, Rule 25.C.
statement to hearing committee or board, Rule 11.D.(4)
Complaints against disciplinary agency members, Rule 18.K.
Compliance with disciplinary orders, Rule 25.E.(1)
Comprehensive Lawyer Regulatory System Rule 1
Conclusiveness of adjudication in other jurisdiction, Rule 22.E.
Conditions, Rule 10.B.
abatement or modification, Rule 26
on reinstatement or readmission, Rule 25.I.
Conference, prehearing, Rule 18.E., Rule 18.H.(3)
Confidentiality, Rule 16.B., Rule 16.J.
of bank accounts, Rule 30
of respondent's records, Rule 28
Consent, discipline by, Rule 21
Continuing legal education, condition on reinstatement or readmission, Rule 25.I.
Conviction of crime, Rule 19.
Costs, Rule 10.A.(7)
Counsel, respondent's notice to opposing, Rule 27
Court, authority of, Preamble, Rule 6.D. review of board's report, Rule 11.F.
Crime, conviction of, Rule 19.
Criminal litigation pending, Rule 18.G.
Criminal prosecution, immunity from, Rule 12.B.
Criteria for reinstatement and readmission, Rule 25.E.
Date of order, effective, Rule 27.E.
Date of rules, effective [end]
Death of respondent, inventory of files, Rule 28
Delay caused by complainant, Rule 18.I.
Disability
criteria for reinstatement or readmission, Rule 25.E.(3)
immediate interim suspension for threat of harm, Rule 20
Disability Inactive Status
confidentiality of proceedings, Rule 16.D.
effective date of order, Rule 27.E.
recommendation by disciplinary counsel, Rule 11.B.(1)
reciprocal, Rule 22
transfer to, Rule 23.A.,
Disbarment, Rule 10.A.(1)
decision by hearing committee or board, Rule 11.F.
duties upon, Rule 27
effective date of order, Rule 27.E.
reinstatement following, Rule 25
Disciplinary counsel
admonitions issued by, Rule 10.A.(5)
advisory opinions, Rule 4.C.
appointment, Rule 2.G., Rule 4.A.
complaints against, Rule 18.K.
disqualification of, Rule 4.E.
duty to obtain order of discipline from other jurisdiction, Rule 22.A.
evaluations by, Rule 11.A
ex parte communications, Rule 4.D.
immunity, Rule 12
in agency, Rule 2.A.
investigations by, Rule 11.B.
objections to board's report, Rule 11.F.(1)
powers and duties, Rule 4.B.
referrals to alternatives to discipline programs, Rule 4.B.(13), Rule 11.G
recommendations reviewed, Rule 2.G.(4)(iii), Rule 3.E.(1)
salaries, Rule 5
Discipline
abatement from conditions of, Rule 26
by consent, Rule 21
grounds for, Rule 9.A.
proceedings, nature of, Rule 18.A.
Discontinuance of jurisdiction in discipline by consent, Rule 21.C.
Discovery, Rule 15.
Discrimination, Preamble
Dismissals
by central intake office, Rule 1.B., Rule 4.B.(7), Rule 11.A.
by disciplinary counsel, Rule 4.B.(6), Rule 11.A., Rule 11.B.
by hearing committee, Rule 11.E.
expunction of records, Rule 4.B.(12)
Disqualification
board members, Rule 2.F.
disciplinary counsel, Rule 4.E.
hearing committees, Rule 3.F., Rule 11.B.(3)
Dissolution of interim suspension, motion for, Rule 20.D.
Districts
disciplinary, Rule 1.C.
hearing committees, Rule 2.G., Rule 3.A.
Doctor-patient privilege, waiver of, Rule 23.D.(4)
Drug abuse,
abstinence from, Rule 25.E.(3), Rule 25.I.
counseling, Rule 1.A.
Effective date of orders, Rule 27.E.
Effective date of rules [end]
Election of board officers, Rule 2.C.
Escrow accounts, Rule 29
Evaluation of information, Rule 11.A.
Ex parte communication with disciplinary counsel, Rule 4.D.
Expenses, Rule 2.E., Rule 4.B.(14), Rule 5
Expunction of records, Rule 4.B.(12)
Evidence
conviction as conclusive, Rule 19.E.
rules of, Rule 18.B.
Failure to answer, Rule 33.A.
Failure to appear, Rule 33.B.
Failure to comply with subpoena, Rule 9.A.
Fee arbitration, Rule 1.A.
Fees
disciplinary, Rule 8
return of, Rule 27.E.
Files, inventory of respondent's, Rule 28
Financial institutions
overdraft notification, Rule 29
respondent's notice to, Rule 27.B.
verification of bank accounts, Rule 30
Formal charges, Rule 11.B.(1), Rule 11.D.
Former judges, jurisdiction, Rule 6.B
Grounds for discipline, Rule 9.A.
ex parte communications Rule 4.D.
Harm, threat of, immediate interim suspension, Rule 20
Hearing committees
abstention, Rule 3.F.
appointment by board, Rule 2.G., Rule 3.A.
chair's powers and duties, Rule 3.E.
disqualification, Rule 3.F.
expenses, Rule 5
immunity, Rule 12.A.
in agency, Rule 2.A.
members as respondents, Rule 18.K.
powers and duties, Rule 3.D.
quorum, Rule 3.C.
report of, Rule 11.D.(4)
terms of office, Rule 3.B.
Hearing committee chairs
appointment by board, Rule 2.G.
powers and duties, Rule 3.E.
review of disciplinary counsel's recommendation, Rule 11.B.(3)
Hearings
lesser misconduct, Rule 18.H.
notice of, Rule 11.D.(4)
on reinstatement or readmission, Rule 25.G.
recorded, Rule 11.D.(4), Rule 18.F.
to determine incapacity, Rule 23.C.
Honesty, criteria for reinstatement or readmission, Rule 25.E.(6)
Immunity, Rule 12
Inactive status, see also Disability Inactive Status
application for transfer to, Rule 8.H
reinstatement from, Rule 8.I
Incapacitation of board member, Rule 2.F.
Incompetency of lawyer, Rule 23
Information, see Public Information
Inherent power, Preamble
Inquiry officers, Appendix A
Integrity, criteria for reinstatement or readmission, Rule 25.E.(6)
Interim suspension,
automatic reinstatement upon reversal of conviction, Rule 19.F.
for conviction of "serious crime," Rule 19.B., Rule 19.C.
for invalid claim of incapacity to defend, Rule 23.B.(2)
for threat of harm, Rule 20
Investigations, Rule 11.B.
Investigatory subpoenas, Rule 14.B.
Judges,
exemption from fee payment, Rule 8.B
jurisdiction over, Rule 6.B., Rule 6.C
Jurisdiction, Rule 6, Rule 11.A.
discontinuance of in discipline by consent, Rule 21.C.
Lesser misconduct,
definition of, Rule 9.b.
diversion by disciplinary counsel, Rule 4.B.(13)
Limitation on practice, Rule 10.A.(8)
condition of reinstatement or readmission, Rule 25.I.
Litigation
pending civil, Rule 18.G.
respondent's motion for leave to withdraw from representation, Rule 27.F.
Malpractice arbitration, Rule 1.A.
Mediation, Rule 1.A.
Medical experts, examination by, Rule 23.C., Rule 23.E.
Mental incapacity of lawyer, Rule 23
removal of, criteria for reinstatement or readmission, Rule 25.E.(3)
Misconduct, lawyer's recognition of, Rule 25.E.
lesser, Rule 9.B.
Modification of conditions of discipline, reinstatement or readmission, Rule 26
Monitoring of practice, condition on reinstatement or readmission, Rule 25.I.
Motion for dissolution of interim suspension, Rule 20.D.
National Discipline Data Bank, notice to, Rule 16.I.
Nonpayment of fees,
reinstatement after payment, Rule 8.D
suspension for, Rule 8.C.
Notice,
adverse parties, Rule 27.A.
clients, Rule 27.A.
co-counsel, Rule 27.A.
complainant, Rule 1.B.(5), Rule 4.B.(6), Rule 4.B. (130, rule 11.A.
courts, Rule 17.C.
disability inactive status, Rule 23.D.
disciplinary agencies, Rule 4.B.(8), Rule 17.A.
expunction of records, Rule 4.B.(12)
immediate interim suspension, Rule 19.F., Rule 20.C.
opposing counsel, Rule 27.A.
petition for reinstatement, Rule 25.D.
public, Rule 17.B.
trust account overdraft, Rule 29
respondent, Rule 4.B.(6), Rule 11.B.(2)
Oaths, Rule 14.A.
Objections to reinstatement or readmission, Rule 25.D.
Officers of board - election, Rule 2.C.
Order,
abatement or modification of conditions, Rule 26
discipline, effective date, Rule 27.E.
Overdraft notification by financial institutions, Rule 29
Papers, return of, Rule 27.D.
Parties, respondent's notice to, Rule 27
Petition for reinstatement, Rule 25
Physical incapacity of lawyer, Rule 23
removal of, criteria for reinstatement or readmission, Rule 25.E.(3)
Physician-patient privilege, waiver of, Rule 23.D.(4)
Powers not assumed, Rule 6.D.
Practice assistance, Rule 1.A.
Prehearing conferences and motions, Rule 3.E.(2) and (3), Rule 18.E., Rule 18.H.(3)
Prior misconduct, information on, Rule 11.D.(5)
Private practice by disciplinary counsel, Rule 4.A.
Privilege, waiver of physician-patient, Rule 23.D.(4)
Probation, Rule 10.A.(3)
board's powers, Rule 2.G.(7)
immunity for monitors, Rule 12.A.
recommendation by disciplinary counsel, Rule 11.B.(1)
respondent's right to formal proceeding, Rule ll.C.(1)
review of discipline by consent, Rule 21.B.
Procedure, rules of, Rule 18.B.
Proof,
burden of, Rule 18.D.
standard of, Rule 18.C.
Prosecutorial functions of agency, Rule 2.A., Rule 2.G.(8), Rule 4.B.
Property, return of, Rule 27.D.
Protective orders, Rule 16.E.
Public information,
availability, Rule 16.A.
board's role, Rule 2.G.(9)
discipline by consent, Rule 21.E.
dissemination of disciplinary information, Rule 17.
expunged records, Rule 4.B.(12)
petition for reinstatement, Rule 25.D.
sanctions, Rule 10.D.
transfer to disability inactive status, Rule 23.D.
Public members,
board, Rule 2.B.
hearing committees, Rule 3.A.
Quorum
board, Rule 2.D.
hearing committee, Rule 3.C.
Readmission, Rule 25
abatement or modification of conditions of, Rule 26
Receipt for registration statement, Rule 8.F.
Reciprocal discipline and disability inactive status, Rule 22
sought by disciplinary counsel, Rule 4.B.(9)
Reciprocal reinstatement or readmission, Rule 25.J.
Record,
forwarded by board, Rule 2.G.(5)
hearing on reinstatement or readmission, Rule 25.G.
Records,
confidentiality of lawyer's, Rule 30
expunction of, Rule 4.B.(12)
inventory of respondent's, Rule 28
maintenance by disciplinary counsel, Rule 4.B.(11)
maintenance by respondent, Rule 27.C.
Registration statement, Rule 8.E
Rehabilitation, Rule 25.E.(3)(a)
abatement of condition, Rule 25.I.
Reinstatement,
abatement or modification of conditions of, Rule 26
following suspension of six months or less, Rule 24
following disbarment or suspension for more than six months, Rule 25
for payment of fees, Rule 8.D
from disability inactive status, Rule 23.E.
from immediate interim suspension upon reversal of conviction, automatic, Rule 19.F.
from inactive status, Rule 8.I
Report, board, service of, Rule 11.d.(4), Rule 11.E.
Reprimand, Rule 10.A.(4)
board's powers, Rule 2.G.(6)
discipline by consent, Rule 21.E.
Respondent,
admissions by, Rule 21.A.
affidavit in discipline by consent, Rule 21.D., Rule 21.E.
affidavit in reinstatement following suspension of six months or less, Rule 24
duties upon disbarment, suspension or transfer to disability inactive status, Rule 27.H.
files of, inventory, Rule 28
inability to properly defend, Rule 23.B.
notice of order demonstrating discipline in another jurisdiction, Rule 22.B.
notice of request for nonpublic information, Rule 16.G.
notice to, Rule 4.B., Rule 11.B.(2)
notice to clients, adverse parties, and other counsel, Rule 27
objections to board's report, Rule 11.F.(1)
record of hearing, Rule 18.F.
rights of, Rule 11.D.(4), Rule ll.C.(1)
service upon, Rule 13
withdrawal from representation, Rule 27.F.
Representation by respondent,
motion for leave to withdraw from, Rule 27.F.
prohibited from undertaking, Rule 27.G.
Restitution, Rule 10.A.(6)
Reversal of conviction, automatic reinstatement from immediate
interim suspension upon, Rule 19.F.
Review,
by board, Rule 11.E.
by court, Rule 11.F.
Roster of lawyers, Rule 7
Rules of civil procedure
depositions, Rule 15.A.
investigatory subpoenas, Rule 14.B.
not applicable to discovery, Rule 15.C.
service of papers, Rule 13.B.
subpoenas for deposition or hearing, Rule 14.B.
Rules of evidence, Rule 18.B.
Rules of procedure, Rule 18.B
proposed by board, Rule 2.G.
Rules of Professional Conduct - reviewed by board, Rule 2.G.
Sanctions,
factors to be considered, Rule 10.C.
public nature of, Rule 10.D.
types, Rule 10
Screening, see Evaluation
"Serious crime", Rule 19.B., Rule 19.C.
copy of judgment to disciplinary agency of state in which lawyer is admitted, Rule 4.B.(9)
Service, Rule 11.D.(4), Rule 13
of copy of petition for reinstatement following disbarment or suspension for more than six months, Rule 25.C.
of order transferring lawyer to disability inactive status, Rule 23.A.
Standard of proof, Rule 18.C., Rule 18.H.(2)
Statistics, maintenance by disciplinary counsel, Rule 4.B.(11)
Statute of limitations, Rule 32
Stay of disciplinary proceedings, Rule 18.G.
during incapacity, Rule 23.C.
in other jurisdiction, effect of, Rule 22.C.
recommendation by disciplinary counsel, Rule 11.B.(1)
Subpoena,
failure to comply with, Rule 9.A.
power, Rule 14
Substance abuse counseling, Rule 1.A.
Suspension, Rule 10.A.(2)
automatic reinstatement upon reversal of conviction, Rule 19.F.
decision of hearing committee or board, Rule 11.F.
duties upon, Rule 27
effective date of order, Rule 27.E.
for failure to file registration statement, Rule 8.G
for nonpayment of fees, Rule 8.C
interim for conviction of "serious crime", Rule 19.B., Rule 19.C.
interim for invalid claim of incapacity to defend, Rule 23.B.(2)
interim for threat of harm, Rule 20
reinstatement following, Rule 19.F., Rule 24, Rule 25
Terms of office,
board members, Rule 2.B.
hearing committee members, Rule 3.B.
inquiry officers, Appendix
Threat of harm, immediate interim suspension, Rule 20
Time guidelines, Rule 11 Commentary
Time limitations, effect of, Rule 18.J.
Transfer to disability inactive status, Rule 23
application for, Rule 8.H
confidentiality of proceedings, Rule 16.D.
effective date of order, Rule 27.E.
recommendation by disciplinary counsel, Rule 11.B.(1)
Transcripts of proceedings,
availability to respondent, Rule 18.F.
maintenance by disciplinary counsel, Rule 4.B.(11)
Trust Accounts, Rule 29
Unauthorized practice of law, Rule 25.E.(2)
Universal lawyer identification number, Rule 7(l)
Verification of bank accounts, Rule 30
Volunteer counsel, Rule 4.B.(5)
Withdrawal from representation by respondent, Rule 27.F.
Witnesses,
fees, Rule 14.F.
list, Rule 15.A.
Written opinions, Rule 10.D., Rule 11.F.(1)
denying reinstatement or readmission, Rule 25.H.

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