Section 21 - Required Action After Disbarment, Suspension or Transfer to Disability Inactive Status (a) After the entry of an order of disbarment, suspension, or transfer to disability inactive status, the attorney may not accept any new retainer or employment as an attorney in any new case or legal matter; provided, however, that during any period between the date of entry of an order and its effective date the attorney may, with the written consent of the client after full disclosure, wind up or complete any matters pending on the date of entry of the order. (b) Notice to Clients in Pending Matters. An attorney against whom an order of disbarment, suspension, or transfer to disability inactive status has been entered shall promptly notify in writing by certified mail each client whom the attorney represents in a matter still pending of the order entered against the attorney and of the attorney's consequent inability to act as an attorney after the effective date of such order, and advising such client to seek legal services elsewhere. (c) Notice to Parties in Litigation. An attorney against whom an order of disbarment, suspension, or transfer to disability inactive status is entered and who represents a client in a matter involving litigation or proceedings before an administrative body shall notify that client as required by section (b) of this rule, and shall recommend that the client promptly obtain substitute counsel. In addition, the lawyer must notify in writing by certified mail the opposing counsel of the order entered against the attorney and of the attorney's consequent inability to act as an attorney after the effective date of the order. The notice to opposing counsel shall state the mailing address of the client of the attorney against whom the order was entered. If the client of the attorney against whom an order was entered does not obtain substitute counsel before the effective date of such order, the attorney must appear before the court or administrative body in which the proceeding is pending and move for leave to withdraw. (d) Affidavit Filed With Court. Within fourteen (14) days after the effective date of the order of disbarment, suspension, or transfer to disability inactive status, or within such additional time as allowed by the Court, the attorney shall file with the Court an affidavit setting forth a list of all pending matters in which the attorney served as counsel and showing: (1) That the attorney has fully complied with the provisions of the order and of this Rule; (2) That the attorney has served on Bar Counsel a copy of the affidavit, a list of the clients notified pursuant to subsection (b) of this rule and a copy of each notice provided; and (3) That the attorney has notified every other jurisdiction before which the attorney is admitted to practice of the order entered against attorney. (4) Such affidavit shall also set forth the address of the attorney to which communication may thereafter be directed. (e) Return of Client Property. The attorney who has been disbarred, suspended or transferred to disability inactive status shall deliver to all clients being represented in pending matters 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 in obtaining the papers or other property. The attorney shall refund within ten days after entry of the order of disbarment, suspension or transfer to disability inactive status any fee paid in advance that has not been earned. (f) Duty to Maintain Records. An attorney who has been disbarred, suspended or transferred to disability inactive status shall keep and maintain records of any steps taken by the attorney pursuant to this rule as proof of compliance with this rule and with the order entered against the attorney. Failure to comply with this section without good cause shown shall constitute contempt of the Court. Proof of compliance with this section shall be a condition precedent to any petition for reinstatement or readmission. (g) Duty to File Annual License Fee Statements. The attorney shall continue to file an annual license fee statement during the period of suspension or for five years following the effective date of an order of disbarment, listing the attorney's residence or other address where communications may thereafter be directed to the attorney; provided, however, that the annual license fee need not be paid during such period unless and until the attorney is reinstated. Upon reinstatement the attorney shall pay the annual license fee for the year in which reinstatement occurs. Wyo. R. State Bar, Att'y Cond. & Prac. 21
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.