(a) Promptly after receiving or initiating a complaint alleging the unauthorized practice of law, Bar Counsel shall determine whether to proceed with an investigation. In making that determination, Bar Counsel may make such inquiry regarding the underlying facts as Bar Counsel deems appropriate. (b) If Bar Counsel decides to proceed with an investigation, the respondent shall be notified that the investigation is underway, provided with a copy of the complaint, and asked to file with Bar Counsel a response to the complaint within fourteen (14) days of the date that Bar Counsel mails or otherwise serves notice of the complaint to the respondent. Bar Counsel may grant a brief extension of time for such a response upon a showing of good cause by the respondent. (c) The chair of the Committee or the chair's designee may issue subpoenas in the name of the Committee or the Supreme Court, upon a showing of good cause, to compel the attendance of respondents and other witnesses or to compel the production of books, papers, documents, or other evidence. Any person subpoenaed to appear and give testimony, or to produce books or records, who refuses to appear and give testimony, or to produce the books or records, and any person having been sworn to testify and who refuses to answer any proper questions, in addition to any potential violations of criminal law, may be held in civil contempt of the Supreme Court under Rule 8. Any person who knowingly obstructs the Committee or Bar Counsel in the performance of their duties, in addition to any potential violations of criminal law, may be held in civil contempt of the Supreme Court pursuant to Rule 8. (d) If, at any point during the investigation, Bar Counsel reasonably believes that the respondent has engaged, or is continuing to engage, in criminal activity, Bar Counsel may provide information concerning the complaint and investigation to the appropriate legal authority. Upon notice that the appropriate legal authority is pursuing criminal charges against the respondent, Bar Counsel, with the consent of the Committee, may suspend the investigation. (e) If, after investigation of the complaint, Bar Counsel determines that the complaint should be dismissed, the respondent and the person making the complaint shall be notified, in writing, of that decision. The dismissal may contain appropriate cautionary language to the respondent. The person making the complaint may request review of the dismissal by the chair of the Committee or the chair's designee. Upon review, the Committee member's determination is limited to either concurring in the dismissal or ordering additional investigation by Bar Counsel. (f) If, after conducting an investigation, Bar Counsel believes that the respondent has engaged in the unauthorized practice of law, Bar Counsel may do one or more of the following: (1) commence civil injunction proceedings as provided in Rule 6; (2) commence civil contempt proceedings as provided in Rule 8; (3) enter into a consent agreement with the respondent in which the respondent agrees to do one or more of the following: (A) refrain from the conduct in question; (B) refund any fees collected; (D) pay a fine that may range from one hundred dollars ($100) to two hundred and fifty dollars ($250) per incident of unauthorized practice of law. Wyo. R. State Bar, Att'y Cond. & Prac. 5
Added March 4, 2014, effective March 4, 2014.