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39 News Bull. 1 (1979)

handle is hein.barjournals/ialaw0039 and id is 1 raw text is: THE NEWS BULLETIN OF THE Iowa State Bar Associati Vol. XXXIX, No. 1 1101 Fleming Building, Des Moines, Iowa 50309 Jitafty, 1979 SUPREME COURT PROMULGATES ADDI FIONAL RULES RELATIVE TO DISBARRED OR SUSPENDED LAWYERS Professional Ethics Committee Enters Two important Opinions On January 15, 1979 the Supreme Court promulgated amendments to Court Rules 118, 121 and 123 dealing with actions a lawyer must take following his or her disbarment or suspension. Also in January the Committee on Professional Ethics and Conduct, with the approval of the Court, entered two important opinions. One dealing with lawyers holding themselves out as a partnership when, in fact, the partnership does not actually exist and the other dealing with the practice of law by part-time magistrates. So that the entire membership will be informed, the Supreme Court Order setting forth the new Rules referred to and the two opinions of the Ethics Committee are reprinted herewith in full. IN THE SUPREME COURT OF IOWA 1N THE MATTER OF 'IPREME COURT RULES 18, 121.3(i) (7), and 123.5 (a) ORDER Pursuant to action of this court, Supreme Court Rules 118, 121.3(1) (7) and 123.5(a) are hereby amended as follows, effective upon the filing of this order: Court Rule 118 is amended by renumbering present rules 118.18, 118.19, and 118.20, as rules 118.19, 118.20, and 118.21, respectively, and by adding the following new rule 118.18: 118.18. NOTIFICATION OF CLIENTS AND COUNSEL. In every case in which a respondent is ordered to be disbarred or suspended, the respondent shall: (a) Within fifteen (15) days in the absence of co-counsel, notify his or her clients in all pending matters to seek legal advice elsewhere, calling attention to any urgency in seeking the substitution of another lawyer; (b) Within fifteen (15) days deliver to all clients being represented in pending matters any papers or other property to which they are entitled or notify them and any co-counsel 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; (c) Within thirty (30) days refund any part of any fees paid In advance that have not been earned; (d) Within fifteen (15) days notify opposing counsel in pending litigation or, in the absence of such counsel, the adverse parties, of the respondent's disbarment or suspension and consequent disqualification to act as a lawyer after the effective date of such discipline or transfer to disability Inactive status; (e) Within fifteen (15) dal's file with the court, agency, or tribunal before which the litigation is pending a copy of the notice to opposing counsel or adverse parties; (f) Keep and maintain records of the steps taken to accomplish to foregoing; and (g) Within thirty (30) days file proof with this court and with the Committee on Professional Ethics and Conduct of complete performance of the foregoing, and this shall be a condition for application for readmission to practice. Court Rule 118.9 Is accordingly amended by striking the reference to rule 118.19 and substituting in lieu thereof rule 118.20. Court Rule 121.3 (1) (7) is amended by Inserting the following as a new unnumbered second paragraph: Any attorney suspended pursuant to this rule shall: (A) Within fifteen (15) days in the absence of co-counsel, notify his or her clients in all pending matters to seek legal advice elsewhere, calling attention to any urgency in seeking the substitution of another lawyer; (B) Within fifteen (15) days deliver to all clients being represented in pending matters any papers or other property to which they are entitled or notify them and any co-counsel 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; (C) Within thirty (30) days refund any part of any fees paid in advance that have not brkn earned; (D) Within fifteen (15) days no fy opposing counsel in pending litigation or in the absence of such counsel, the adverse parties, of his or her suspension and consequent disqualifIcation to act as a lawyer after the effective date of such discipline; (E) Within fifteen (15) days file with the court, agency, or tribunal before which the litigation Is pending a copy of the notice to opposing counsel or adverse parties; (F) Keep and maintain records of the steps taken to accomplish the foregoing; and (G) Within thirty (30) days file proof with thk court and with the Committee on Professional Ethics and Conduct of complete performance of the foregoing, and this shall be a condition for application for readmission to practice. Court Rule 123.5(a) is amended by Inserting the following as a new unnumbered second paragraph: Any attorney suspended pursuant to this rule shall: (1) Within fifteen (15) days in the absence of co-counsel, notify his or her clients in all pending matters to seek legal advice elsewhere, calling attention to any urgency in seeking the substitution of another lawyer; (2) Within fifteen (15) days deliver to all clients being represented in pending matters any papers or other property to which they are entitled or notify them and any co-counsel 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; (3) Within thirty (30) days refund any part of any fees paid in advance that have not been earned; (4) Within fifteen (15) days notify opposing counsel in pending litigation or, in the absence of such counsel, the adverse parties, of his or her suspension and consequent disqualification to act as a lawyer after the effective date of such discipline; (5) Within fifteen (15) days file with the court, agency, or tribunal before which the litigation is pending a copy of the notice to opposing Supreme Court Rules, cont. on P. 4 NEWS BULLETIN DELIVERY DELAYS Delays in delivering this issue of the News Bulletin and the December issue are due to circumstances beyond our control. We are continuing our efforts to see to it that each issue of the News Bulletin is received not later than the second or third week of the month. With luck, we will succeed in this schedule unless unforeseen circum- stances again rear their ugly head. Please Reserve June 13, 14, 15, 1979, for the 106th Annual Meeting of The Iowa State Bar Association to be Held at the Five LSeasons Hotel, Cedar Rapids, Iowa.

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