Can an attorney under suspension continue representing clients?

Full question:

In a suspension of an attorney by Threat of Harm, is it possible for that attorney to continue representation of clients and what must the attorney do to clear themselves of the offense?

• Category: Courts
• Subcategory: Attorneys
• Date: 04/07/2025
• State: National

Answer:

Typically, a suspension prohibits an attorney from practicing law during the suspension period, unless the suspension order states otherwise. If an attorney is under an immediate interim suspension, they may file a motion to dissolve or modify the suspension order. This motion must include a brief explaining the reasons for the request and must be served to the Office of Disciplinary Counsel as outlined in Supreme Court Rule X, §2(e). The Office of Disciplinary Counsel has five days to respond, after which the court may act on the motion or refer it to a hearing committee for further review.

Regarding reinstatement after a suspension of one year or less, the attorney must file an affidavit with the court, confirming compliance with the suspension order, and pay any owed fees. A certificate from the Disciplinary Board Administrator must accompany the affidavit, confirming all disciplinary costs have been paid.

For suspensions longer than one year, reinstatement requires a court order. An attorney cannot petition for reinstatement until six months before the suspension ends, and they must meet several criteria, including:

• Compliance with all prior disciplinary orders.
• No unauthorized practice of law during the suspension.
• Recognition of the misconduct's seriousness.
• No additional professional misconduct since the suspension.
• Payment of all owed fees and costs.

In cases of disbarment, an attorney can only petition for readmission after five years, and they must meet specific criteria to be considered for reinstatement.