As amended through October 29, 2024
Section 23 - Employment of a Disqualified or Suspended Attorney(A) General Prohibitions. A disqualified or suspended attorney shall not do either of the following: (1) Have any direct client contact, other than serving as an observer in any meeting, hearing or interaction between an attorney and a client;(2) Receive, disburse, or otherwise handle client trust funds or property.(B) Prohibited Relationships. On or after September 1, 2008, a disqualified attorney shall not enter into an employment, contractual, or consulting relationship with an attorney or law firm with which the disqualified attorney was associated as a partner, shareholder, member, or employee at the time the attorney engaged in misconduct that resulted in his or her disqualification from the practice of law.(C) Registration of Relationship. An attorney or law firm seeking to enter into an employment, contractual, or consulting relationship with a disqualified or suspended attorney shall register the employment, contractual, or consulting relationship with the Office of Disciplinary Counsel. The registration shall be on a form provided by the Office of Disciplinary Counsel and shall include all of the following:(1) The name of and contact information for the disqualified or suspended attorney;(2) The name of and contact information for the attorney or law firm seeking to enter into the relationship with the disqualified or suspended attorney;(3) The name of and contact information for the attorney responsible for directly supervising the disqualified or suspended attorney, if different than the attorney identified in division (C)(2) of this section;(4) The capacity in which the disqualified or suspended attorney will be employed, including a description of duties to be performed or services to be provided;(5) An affidavit executed by either the attorney filing the registration or the supervising attorney indicating that the attorney has read the Supreme Court's order disbarring, accepting the resignation of, or suspending the attorney to be employed and understands the limitations contained in that order;(6) Any other information considered necessary by the Office of Disciplinary Counsel.(D) Written Acknowledgement. Upon receipt of a completed registration form, the Office of Disciplinary Counsel shall send a written acknowledgement to the attorney or law firm that filed the registration form and any supervising attorney identified on the form. Upon receipt of the written acknowledgement, the employment, contractual, or consulting relationship may commence.(E) Amendments to Registration. An attorney who registers the employment of a disqualified or suspended attorney shall file an amended registration form with the Office of Disciplinary Counsel when there is any material change in the information provided on a prior registration form and shall notify the Office of Disciplinary Counsel upon termination of the employment, contractual, or consulting relationship.(F) Notice to Clients. If a disqualified or suspended attorney will perform work or provide services in connection with any client matter, the employing attorney or law firm shall inform the client of the status of the disqualified or suspended attorney. The notice shall be in writing and provided to the client before the disqualified or suspended attorney performs any work or provides any services in connection with the client matter.