| 9.10—Required
Affidavit of Disbarred or Suspended Attorneys
- Scope and Form of Affidavit. Within ten (10) days after the
effective date of disbarment or suspension, a disbarred or suspended
attorney shall file with the Court and the Board Office, and shall
serve a copy upon Bar Counsel, an "Affidavit of Compliance with
Section 14 of Rule XI." Such affidavit shall include, to Bar Counsel’s
reasonable satisfaction, the following: (a) all steps taken by
the attorney to comply with the disbarment or suspension order;
(b) all other steps taken to comply with Section 14 of Rule XI,
including without limitation (I) photocopies of all notices (including
return receipts), motions to withdraw, and letters of transmittal
(or offers to return) involving papers and other property to which
clients of the attorney are entitled; (ii) the attorney’s current
residence or other address where communications may be directed
to him; (iii) the attorney’s understanding of the continuing obligation
during disbarment or suspension for a period of up to five years
to file both annual and supplemental registration statements in
accordance with D.C. Bar R. II, ยง2 (with copies thereof served
on Bar Counsel) listing such attorney’s residence or other address
where communications may be directed to him; (iv) the attorney’s
understanding of the continuing obligation to keep and maintain
records (including copies of all pertinent documents) showing
the steps taken by such attorney to comply with Section 14 of
Rule XI; and (v) the attorney’s understanding that if the affidavit
required by this Board Rule is rejected by Bar Counsel in a Notice
of Non-Compliance as provided below in subsection (b) of this
Board Rule, the period of disbarment or suspension may be extended
by the Court.
- Notice of Non-Compliance. Bar Counsel may file with the Court
and in the Board Office a Notice of Non-Compliance, and Bar Counsel
shall serve a copy thereof on the disbarred or suspended attorney,
if the following steps and events have previously occurred: (I)
Bar Counsel served on the attorney not less than thirty (30) days
prior to the filing of the Notice of Non-Compliance a blank form
of "Affidavit of Compliance With Section 14 of Rule XI" together
with copies of Chapter 9 of the Board Rules plus a warning that
failure to submit such Affidavit in proper form may result in
suspending the running of time during the attorney’s disbarment
or suspension ordered by the Court; and (ii) Bar Counsel determined
by the time of filing the Notice of Non-Compliance either that
the required Affidavit had not been filed with the Court and served
on Bar Counsel within ten (10) days after the effective date of
disbarment or suspension order, or that the Affidavit as filed
and served was inadequate due to incompleteness or other valid
reason.
- Review of Notice of Non-Compliance. The attorney may file with
the Board Office, and shall serve on Bar Counsel, a request for
the Board to review specified objections to a Notice of Non-Compliance
issued under subsection (b) above. Such request shall be submitted
within ten (10) days after the Notice of Non-Compliance is served.
The matter will be decided by the Board on the papers of the parties
unless the Board determines that there are disputed issues of
fact and therefore enters an order referring such issues to a
Hearing Committee for an evidentiary hearing and report to the
Board. If the Board decides that the attorney has failed to comply
with Rule XI, Section 14, the Board shall file a report with the
Court asking the Court to enter an appropriate order.
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