Section 28 - Notice to Clients, Adverse Parties, and Other Counsel

As amended through November 4, 2024

28.1. Effective Date of Order. Orders imposing disbarment, suspension, transfers to disability inactive status, or temporary suspension are effective upon entry.

28.2. Recipients of Notice; Contents. By no later than ten days after the effective date of the order, the respondent attorney shall notify or cause to be notified by registered or certified mail, return receipt requested:

(a) all clients being represented in pending matters;

(b) all co-counsel in pending matters; and

(c) all opposing counsel in pending matters, or in the absence of opposing counsel, the adverse parties,of the order of the Court and that the attorney is therefore disqualified to act as attorney after the effective date of the order except as permitted by Section 12.3(c). The notice to be given to the attorney(s) for an adverse party, or, in the absence of opposing counsel, the adverse parties, shall state the last known address of the client of the respondent attorney. The notice shall inform the recipient of the effective date of the suspension and the effect it will have on the attorney's representation of the client in the applicable matter.

28.3. Special Notice. The Court may direct the issuance of notice to such financial institutions or others as may be necessary to protect the interests of clients or other members of the public.

28.4. Duty to Maintain Records. The respondent attorney shall keep and maintain records of the steps taken to accomplish the requirements of Sections 28.1 and 28.2 and shall make those records available to Disciplinary Counsel on request.

28.5. Return of Client Property. The respondent attorney shall deliver to all clients any papers or other property to which they are entitled and shall notify them and any counsel representing them of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property.

28.6. Refund of Fees. By no later than fifteen days after the effective date of the order, the respondent attorney shall refund any part of any fees, expenses, or costs paid in advance that has not been earned or expended, unless the order directs otherwise.

28.7. Withdrawal from Representation. The respondent attorney shall within twenty days after the effective date of the order file in the court, agency or tribunal in which the proceeding is pending a motion for leave to withdraw or a motion or agreed order to substitute and shall serve a copy of the motion or agreed order on opposing counsel or the adverse party, if unrepresented, in the proceeding.

28.8. New Representation Prohibited. The respondent attorney shall not undertake any new legal matters on or after the effective date of the order. By no later than twenty days after the effective date of the order, the respondent attorney shall cease to maintain a presence or occupy an office where the practice of law is conducted, except as provided in Section 12.3(c), and shall take such action as is necessary to cause the removal of any indicia of attorney, lawyer, counselor at law, legal assistant, law clerk, or similar title.

28.9. Affidavit Filed with Board. Within twenty days after the effective date of the order, the respondent attorney shall file with the Board an affidavit or declaration under penalty of perjury showing:

(a) Compliance with the provisions of the order and with Section 28;

(b) All other state, federal, and administrative jurisdictions to which the attorney is admitted to practice;

(c) Place of residence and all addresses where communications may thereafter be directed; and

(d) Service of a copy of the affidavit or declaration under penalty of perjury upon Disciplinary Counsel, which shall include proof of compliance with Section 28.2.

28.10. Reinstatement. Proof of compliance with Section 28 shall be a condition precedent to any petition for reinstatement.

28.11. Publication of Notice. The Board shall provide a notice of the disbarment, suspension, disability inactive status, temporary suspension or reinstatement to all State judges and to the Tennessee Bar Association , and shall cause the same to be published in online or print media in each county in which the respondent attorney maintained an office for the practice of law, if available, and in such other manner as the Board may determine to be appropriate.

Amended by Order filed September 21, 2022 and effective 9/21/2022.