May a Missouri lawyer suspended for failing to file returns or pay taxes keep practicing while seeking reinstatement?
Apply this to your situation
This page answers the general question. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The lawyer was suspended under Rule 5.245 for failure to pay taxes or file returns and sought to keep practicing during reinstatement proceedings.
Rule 5.28(k)(2) can make reinstatement retroactive for a lawyer suspended three years or less and reinstated under Rule 5.28(j). The opinion nevertheless requires compliance with Rule 5.27's post-suspension procedure until reinstatement occurs.
The lawyer therefore could not continue practicing while suspended.
In practice
Under this opinion, possible retroactive effect after reinstatement does not authorize practice during the suspension period. The suspension order controls until reinstatement.
Common questions
Q: May the lawyer practice while the reinstatement request is pending?
A: No. The opinion states that the lawyer may not practice while suspended.
Q: Does possible retroactive reinstatement change that result?
A: No. Rule 5.27 remains applicable after the suspension order.
Q: Which suspension does the opinion address?
A: Suspension under Rule 5.245 for failure to pay taxes or file tax returns.
Background and rules framework
Rule 5.245 supplies the tax-related suspension. Rule 5.27 governs procedure after a suspension order, and Rule 5.28(j) and (k)(2) govern reinstatement and its possible retroactive effect.
Citations and references
Other authorities:
- Missouri Rules 5.245, 5.27, 5.28(j), and 5.28(k)(2)
See also
- Rhode Island Op. 90-22: Suspended Lawyer as Fiduciary
- Illinois Ethics Op. 88-17: Conduct of a Disbarred Lawyer
Source
- Landing page: Missouri Informal Opinion 2022-03
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Question: Attorney was just suspended pursuant to Rule 5.245 for failure to pay taxes or failure to file tax returns. May Attorney continue to practice while seeking reinstatement?
Answer: While Rule 5.28(k)(2) provides that reinstatement is retroactive for lawyers suspended pursuant to Rule 5.245 for three years or less who are reinstated under 5.28(j), Attorney must still comply with Rule 5.27 on the procedure following a suspension order while seeking such reinstatement. Attorney may not continue to practice law while suspended.
What do the rules say today, for your facts?
Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace