Could a suspended lawyer remain counsel in a case with no expected activity during a six-month suspension?

Short answer No. The opinion required withdrawal under Rule 5.25 and said reinstatement after the suspension period was not automatic under Rule 5.26.

Bar

MOLEC

Issued

1995

Apply this to your situation

This page answers the general question as of 1995. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer suspended with leave to seek reinstatement after six months asked whether counsel could stay in a case that would have no activity during that period.

The opinion answered no. It required withdrawal under Rule 5.25 and said reinstatement under Rule 5.26 was not automatic.

Currency note

This 1995 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the lack of expected activity allow counsel to remain?

A: No. The opinion required withdrawal under Rule 5.25.

Q: Would reinstatement follow automatically after six months?

A: No, according to the opinion's reading of Rule 5.26.

Background and rules framework

The opinion applied Missouri Supreme Court Rules 5.25 and 5.26 to a suspended lawyer's ongoing representation and possible reinstatement.

Citations and references

Other rules:

Missouri Supreme Court Rule 5.25
Missouri Supreme Court Rule 5.26

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/950052/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney has been suspended with leave to apply for reinstatement in six months. May Attorney stay in a case in which there will be no further action for six months? ANSWER: No. Under Rule 5.25, Attorney must withdraw. Under Rule 5.26, reinstatement is not automatic.

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