Mo. R. Gov. Bar Jud. 5.17

As amended through November 19, 2024

Rule 5.17 - Discipline

(a) Upon finding one or more violations, this Court may impose any of the following appropriate discipline or combination of discipline:

(1) Reprimand;

(2) Probation, subject to the provisions of Rule 5.175;

(3) Stayed suspension with probation, subject to the provisions of Rule 5.175;

(4) Suspension, whether stayed or not, shall be for an indefinite period but may include a period of not less than six months and not more than three years during which the respondent cannot apply for reinstatement;

(5) Disbarment.

(b) The Court may consider factors including, but not limited to, the following:

(1) Recommendations of the parties;

(2) Recommendation of the hearing panel;

(3) Discipline imposed by this Court in previous reported decisions;

(4) ABA Model Standards for Imposing Lawyer Sanctions;

(5) The factors established in Rule 5.285;

(6) The factors established in Rule 5.175;

(7) Prior accepted admonitions; and

(8) Other appropriate factors.

(c) Additional consequences that may result from discipline include requirements related to:

(1) Payment of costs and investigative expenses, as established in Rule 5.19(k);

(2) Disgorgement of fees;

(3) Conditions and requirements related to probation;

(4) Publication of discipline and discipline cases, as described in Rule 5.31;

(5) Conditions precedent to reinstatement or readmission;

(6) Requirements following suspensions and disbarments associated with closing a practice and notification of clients, courts, and opposing counsel, as established by Rule 5.27;

(7) Orders of this Court; and

(8) Other consequences flowing from misconduct and any resulting discipline.

Mo. R. Gov. Bar Jud. 5.17

Adopted June 20, 1995, eff. 1/1/1996; amended May 31, 2022, eff. 1/1/2023.