Section 1. Jurisdiction
   (a) Persons subject to disciplinary jurisdiction. All members of the District of Columbia Bar, all persons appearing or participating pro hac vice in any proceeding in accordance with Rule 49(c)(1) of the General Rules of this Court, all persons licensed by this Court Special Legal Consultants under Rule 46(c)(4), and all persons who have been suspended or disbarred by this Court are subject to the disciplinary jurisdiction of this Court and its Board on Professional Responsibility (hereinafter referred to as "the Board").
   (b) Jurisdiction of other courts and voluntary bar associations. Nothing in this rule shall be construed to deny to any court in the District of Columbia such powers as are necessary for that court to maintain control over proceedings conducted before it, such as the power of contempt or to prohibit a voluntary bar association from censuring, suspending, or expelling its members.
   (c) No statute of limitations. Disciplinary proceedings against an attorney shall not be subject to any period of limitation.

Section 2. Grounds for Discipline
   (a) Duty of attorneys. The license to practice law in the District of Columbia is a continuing proclamation by this Court that the holder is fit to be entrusted with professional and judicial matters, and to aid in the administration of justice as an attorney and an officer of the Court. It is the duty of every recipient of that privilege at all times and in all conduct, both professional and personal, to conform to the standards imposed upon members of the Bar as conditions for the privilege to practice law.
   (b) Misconduct. Acts or omissions by an attorney, individually or in concert with any other person or persons, which violate the attorney's oath of office or the rules or code of professional conduct currently in effect in the District of Columbia shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship. Any of the following shall also be grounds for discipline:
 (1) Conviction of a crime (see section 10);
 (2) Discipline imposed in another jurisdiction (see section 11);
 (3) Failure to comply with any order of the Court or the Board issued pursuant to this rule; or
 (4) Failure to respond to a written inquiry from the Court or the Board in the course of a disciplinary proceeding without asserting, in writing, the grounds for refusing to do so.
   (c) Review of board orders and inquiries. If an attorney objects in writing to an order or written inquiry of the Board, the objection shall be noted, but review of the order or inquiry shall not be available (except as provided in section 18(c) with respect to subpoenas) until all proceedings before the Board have been concluded. If the Board imposes or recommends the imposition of a disciplinary sanction, the attorney may then seek review of the previously challenged order or inquiry by filing an appropriate motion or pleading with the Court. If the order or inquiry is reversed, vacated, or set aside by the Court, failure to comply with the order or to respond to the inquiry shall not be a ground for discipline. If the order or inquiry is modified by the Court, failure to comply with the order or to respond to the inquiry may be a ground for discipline only to the extent that the order or inquiry is not modified.

Section 3. Disciplinary Sanctions
   (a) Types of discipline. Any of the following sanctions may be imposed on an attorney for a disciplinary violation:
 (1) Disbarment by the Court;
 (2) Suspension by the Court for an appropriate fixed period of time not to exceed three years. Any order of suspension may include a requirement that the attorney furnish proof of rehabilitation as a condition of reinstatement. In the absence of such a requirement, the attorney may resume practice at the end of the period of suspension without further order of the Court;
 (3) Censure by the Court;
 (4) Reprimand by the Board;
 (5) Informal admonition by Bar Counsel;
 (6) Revocation or suspension of a license to practice as a Special Legal Consultant; or
 (7) Probation imposed by the Court, or imposed by the Board with the consent of the attorney and the approval of the Court, for not more than three years. Probation may be imposed in lieu of or in addition to any other disciplinary sanction. Any conditions of probation shall be stated in writing in the order imposing probation. The order shall also state whether, and to what extent, the attorney shall be required to notify clients of the probation. The Board by rule shall establish procedures for the supervision of probation. Violation of any condition of probation shall make the attorney subject to revocation of probation and the imposition of any other disciplinary sanction listed in this subsection, but only to the extent stated in the order imposing probation.
   (b) Conditions imposed with discipline. When imposing discipline, the Court or the Board may require an attorney to make restitution either to persons financially injured by the attorney's conduct or to the Clients' Security Trust Fund (see Rule XII), or both, as a condition of probation or of reinstatement. The Court or the Board may also impose any other reasonable condition, including a requirement that the attorney take and pass a professional responsibility examination as a condition of probation or of reinstatement.
   (c) Temporary suspension or probation.
 (1) On petition of the Board authorized by its Chairperson or Vice Chairperson, supported by an affidavit showing that an attorney appears to pose a substantial threat of serious harm to the public, the Court may issue an order, with such notice as the Court may prescribe, temporarily suspending the attorney or imposing temporary conditions of probation on the attorney, or both. Any order of temporary suspension or probation which restricts the attorney's maintenance or use of a trust account shall, when served on any bank maintaining an account against which the attorney may make withdrawals, serve as an injunction barring the bank from making further payment from the account on any obligation except in accordance with restrictions imposed by the Court. An order of temporary suspension issued under this subsection shall preclude the attorney from accepting any new cases or other legal matters, but shall not preclude the attorney from continuing to represent existing clients during the thirty-day period after issuance of the order; however, any fees tendered to the attorney during that thirty-day period or at any time thereafter while the temporary suspension is in effect shall be deposited in a trust account, from which withdrawals may be made only as directed by the Court.
 (2) Where issues of fact appear to be presented by the Board’s petition or by any response of the attorney, the Court may appoint a special master to preside at a hearing at which evidence will be presented concerning the petition. The master shall prepare a report summarizing the evidence presented and make recommended findings of fact which, together with the record, shall be filed with the Court within fifteen days of the Court’s order of appointment.
   (d) Dissolution or amendment of orders of temporary suspension or probation. An attorney temporarily suspended or placed on probation pursuant to subsection (c) may for good cause request dissolution or amendment of the temporary order by petition filed with the Court, which shall also be served on the Board and on Bar Counsel. A petition for dissolution shall be set for immediate hearing before the Board or a panel of at least three of its members designated by its Chairperson or, in the Chairperson's absence, by the Vice Chairperson. The Board or its designated panel shall hear the petition forthwith and submit its report and recommendation to the Court with the utmost speed consistent with fairness. Upon receipt of the report, the Court shall consider the petition promptly, with or without a hearing as the Court may elect, and shall enter an appropriate order.

Section 4. The Board on Professional Responsibility
   (a) Composition of the Board. The Court shall appoint a board to be known as the Board on Professional Responsibility, which shall consist of seven members of the Bar and two persons who are not lawyers.
   (b) Appointment of Board members. The lawyer members of the Board shall be appointed by the Court from a list submitted by the Board of Governors containing the names of not fewer than three active members of the Bar for each vacancy to be filled. The non-lawyer members shall be chosen by the Court. In appointing non-lawyer members, the Court shall consider, but not be limited to, any nominees whose names may be submitted to the Court in writing by the Board of Governors or by any other organization or individual. The Court shall designate one of the lawyer members as Chairperson of the Board and another as Vice Chairperson, who shall act in the absence or disability of the Chairperson.
   (c) Terms of Board members. The term of each Board member shall be three years. Upon completion of a member's term, that member shall continue to serve until a successor is appointed. No member shall serve more than two consecutive terms, except that a member appointed to fill an unexpired term of two years or less shall be eligible to serve two additional three-year terms.
   (d) Action by the Board. Six members of the Board shall constitute a quorum for deciding cases, and five members shall constitute a quorum for administrative matters. In deciding cases in which the Board's action is final, the Board shall act only with the concurrence of a majority of its entire membership. In deciding cases involving a recommendation to the Court, the Board shall act only with the concurrence of a majority of its members present and voting. In all other matters the Board shall act only with the concurrence of a majority of its members present and voting, except that the Board may delegate its authority to act in such matters to a single member of the Board.
   (e) Powers and duties of the board. The Board shall have the power and duty:
 (1) To consider and investigate any alleged ground for discipline or alleged incapacity of any attorney called to its attention, or upon its own motion, and to take such action with respect thereto as shall be appropriate to effect the purposes of this rule.
 (2) To appoint Bar Counsel, Special Bar Counsel, and such assistant bar counsel and staff as may be required to perform the duties and functions of that office (see section 6), and to fix their compensation. Bar Counsel shall serve at the pleasure of the Board, subject to the Court's oversight authority over all disciplinary matters. Any Special Bar Counsel and all assistant bar counsel shall serve at the pleasure of the Board. As used hereafter in this rule, the term "Bar Counsel" shall refer collectively to Bar Counsel, any Special Bar Counsel, and all assistant bar counsel unless the context requires otherwise.
 (3) To appoint an Executive Attorney, who shall serve at the pleasure of the Board, and such staff as may be required to perform the duties and functions of that office (see section 7), and to fix their compensation.
 (4) To appoint two or more Hearing Committees, each consisting of two members of the Bar and one person who is not a lawyer, and such alternate Hearing Committee members as may be required, who shall conduct hearings on formal charges of misconduct, and such other hearings as the Court or the Board may direct, and shall submit their findings and recommendations, together with the record, to the Board.
 (5) To assign, through the Executive Attorney, periodically and on a rotating basis, an attorney member of a Hearing Committee as a Contact Member to review and approve or suggest modifications of recommendations by Bar Counsel for dismissals, informal admonitions, and the institution of formal charges.
 (6) To assign, through the Executive Attorney, formal charges to a Hearing Committee.
 (7) To review the findings and recommendations of Hearing Committees submitted to the Board, and to prepare and forward its own findings and recommendations, together with the record of proceedings before the Hearing Committee and the Board, to the Court.
 (8) To reprimand attorneys subject to the disciplinary jurisdiction of the Court and the Board.
 (9) To prepare the Board's proposed budget for submission to the Board of Governors.
 (10) To adopt rules, procedures, and policies not inconsistent with this rule or any other rules of this Court.
   (f) Review of the Board's proposed budget. The Board of Governors may adopt or reject a proposed budget of the Board on Professional Responsibility, but in the event of a dispute between the Board of Governors and the Board on Professional Responsibility as to the amount of the latter's proposed budget, or any of its budget items, the Court shall resolve such dispute upon application by either Board.
   (g) Providing information to the Court. Upon request from the Court, in the exercise of its duty to oversee the disciplinary system, the Board shall provide to the Court for its review the file in any case or cases, including those which have been concluded by dismissal, informal admonition, or reprimand.
   (h) Consultation with the Bar. The Board shall, to the extent it deems feasible, consult with officers of the Bar and of voluntary bar associations in the District of Columbia concerning any appointments which it is authorized to make.

Section 5. Hearing Committees
   (a) Composition and term. Each Hearing Committee appointed by the Board shall consist of two members of the Bar and one person who is not a lawyer. The Board shall designate one of the lawyer members of each Hearing Committee as Chairperson of the Committee. The term of each Hearing Committee member shall be three years. Upon completion of a member's term, that member shall continue to serve until a successor is appointed. No person shall serve more than two consecutive terms as a Hearing Committee member, but a person who has served two consecutive terms may be reappointed after the expiration of one year.
   (b) Quorum and Acting Chairperson. Two members of a Hearing Committee shall constitute a quorum for the conduct of hearings. If a member cannot be present for a hearing, alternate Hearing Committee members previously selected by the Board may serve upon designation by the Executive Attorney. If the absent member is the Chairperson of the Hearing Committee, the other attorney member shall serve as Acting Chairperson. Each Hearing Committee shall act only with the concurrence of a majority of its members.
   (c) Powers and duties of Hearing Committees. Hearing Committees shall have the power and duty:
 (1) Upon assignment by the Executive Attorney, to conduct hearings on formal charges of misconduct and on such other matters as the Board may direct.
 (2) To submit their findings and recommendations to the Board, together with the record of the hearing.
   (d) Duties of Contact Members. A Contact Member designated under section 4(e)(5) of this rule shall have the power and duty to review and approve or suggest modifications of recommendations by Bar Counsel for dismissals, informal admonitions, the institution of formal charges, and the deferral or abatement of disciplinary investigations pending the outcome of related criminal or civil litigation. In the event of a disagreement between Bar Counsel and the Contact Member regarding the disposition recommended by Bar Counsel, the matter shall be referred by the Executive Attorney to the Chairperson of a Hearing Committee other than that of the Contact Member for decision. The decision of the Hearing Committee Chairperson to whom the matter is referred shall be final.
   (e) Recusal of Contact Members. No Hearing Committee member shall take part in any formal disciplinary proceeding regarding a matter which that member reviewed as a Contact Member.

Section 6. Bar Counsel
   (a) Powers and duties. Bar Counsel shall have the power and duty:
 (1) To employ and supervise such staff as may be necessary for the performance of Bar Counsel's duties, subject to budget limitations established by the Board.
 (2) To investigate all matters involving alleged misconduct by an attorney subject to the disciplinary jurisdiction of this Court which may come to the attention of Bar Counsel or the Board from any source whatsoever, where the apparent facts, if true, may warrant discipline. Except in matters requiring dismissal because the complaint is clearly unfounded on its face or falls outside the disciplinary jurisdiction of the Court, no disposition shall be recommended or undertaken by Bar Counsel until the accused attorney shall have been afforded an opportunity to respond to the allegations.
 (3) Upon prior approval of a Contact Member, to dispose of all matters involving alleged misconduct by an attorney subject to the disciplinary jurisdiction of the Court, by dismissal or informal admonition or by referral of charges.
 (4) To prosecute all disciplinary proceedings before Hearing Committees, the Board, and the Court. When appearing before the Court, Bar Counsel may, after notice to the Board, argue for a disposition other than that contained in the report and recommendation of the Board.
 (5) To appear at hearings on petitions for reinstatement of suspended or disbarred attorneys, to examine witnesses testifying in support of such petitions, and to present available evidence, if any, in opposition thereto.
 (6) To maintain permanent records of all matters processed and the disposition thereof, except that files of cases which have been dismissed may be destroyed after ten years.
 (7) To file with the Court and the Board certificates of convictions of attorneys convicted of crimes, and certified copies of disciplinary orders concerning attorneys issued in other jurisdictions.
 (8) To submit to the Court at regular intervals, at least twice a year, a list of cases resulting in informal admonitions by Bar Counsel or reprimands by the Board.
   (b) Prohibition of private practice. Bar Counsel shall not engage in the private practice of law, except that the Board may authorize a reasonable period of transition after appointment.

Section 7. The Executive Attorney
   (a) Powers and duties. The Executive Attorney shall have the power and duty:
 (1) To employ and supervise such staff as may be necessary for the performance of the Executive Attorney's duties, subject to budget limitations established by the Board.
 (2) To assign, periodically and on a rotating basis, an attorney member of a Hearing Committee as a Contact Member to review and approve or suggest modifications of recommendations by Bar Counsel for dismissals, informal admonitions, and the institution of formal charges.
 (3) To assign formal charges to a Hearing Committee.
 (4) To maintain records of proceedings before Hearing Committees, the Board, and the Court.
 (5) To forward to the Court the findings and recommendations of the Board, together with the record of proceedings before the Hearing Committee and the Board.
 (6) To assist the Board in the performance of its duties as the Board from time to time may direct.
 (7) To act as Special Bar Counsel when appointed by the Board.
 (8) To act as legal advisor to the Board.
 (9) To represent the Board in any court proceeding when designated by the Board to do so.
 (10) To argue before this Court the position of the Board, when designated by the Board to do so, in any case in which Bar Counsel disagrees with a report and recommendation of the Board.
   (b) Review by the Board. Because the Executive Attorney is exercising the delegated authority of the Board, any decision or action by the Executive Attorney shall be subject to review by the Board in its discretion.
   (c) Prohibition of private practice. The Executive Attorney shall not engage in the private practice of law, except that the Board may authorize a reasonable period of transition after appointment.

Section 8. Investigations and Hearings
   (a) Investigations. All investigations, whether upon complaint or otherwise, shall be conducted by Bar Counsel. An attorney under investigation has an obligation to respond to Bar Counsel's written inquiries in the conduct of an investigation, subject to constitutional limitations. In the event of an attorney's failure to respond to such an inquiry, Bar Counsel may request the Board to enter an appropriate order.
   (b) Disposition of investigations. Upon the conclusion of an investigation, Bar Counsel may, with the prior approval of a Contact Member, dismiss the complaint, informally admonish the attorney under investigation, or institute formal charges; or may, with the prior approval of a member of the Board on Professional Responsibility, enter into a diversion agreement. An attorney who receives an informal admonition may request a formal hearing before a Hearing Committee, in which event the admonition shall be vacated and Bar Counsel shall institute formal charges.
   (c) Petitions. Formal disciplinary proceedings before a Hearing Committee shall be instituted by Bar Counsel by the filing of a petition under oath with the Executive Attorney. A copy of the petition shall be served upon the attorney, and another copy shall be sent to the Clerk of the Court. The petition shall be sufficiently clear and specific to inform the attorney of the alleged misconduct. Upon receipt of the petition, without waiting for the attorney to file an answer, the Executive Attorney shall schedule a hearing and assign the matter to a Hearing Committee.
   (d) Notice of hearing. After a hearing has been scheduled, the Executive Attorney shall serve notice of the hearing upon Bar Counsel and the attorney, or the attorney's counsel, stating the date and place of the hearing. The date of the hearing shall be at least fifteen days after the date of service of the notice. Service shall be made in accordance with section 19(e) of this rule. The notice shall also advise the attorney that, at the hearing, the attorney shall have the right to be represented by counsel, to cross-examine witnesses, and to present evidence in defense or mitigation of the charges.
   (e) Attorney's answer. The attorney shall file an answer to the petition within twenty days after service of the petition unless the time is extended by the Hearing Committee Chairperson. The attorney shall serve a copy of the answer upon Bar Counsel and file the original with the Executive Attorney. If the attorney fails to file an answer within the time provided, the Hearing Committee Chairperson may authorize the filing of an answer at any time before the hearing upon a showing of mistake, inadvertence, surprise, or excusable neglect. The Board by rule shall establish procedures to be followed at the hearing if the attorney fails to file an answer at all, but any alleged disciplinary violation shall nevertheless be proved affirmatively by evidence under oath.
   (f) Discovery. The attorney shall have the right to reasonable discovery in accordance with rules promulgated by the Board. Rulings with respect to such discovery proceedings shall be made by the Chairperson of the Hearing Committee to which the matter has been assigned for hearing or by the Chairperson of the Board. Objections to such rulings shall be preserved and may be raised upon appeal to the Board from the final action of the Hearing Committee. No interlocutory appeals shall be permitted.
   (g) Prehearing conference. In the discretion of the Hearing Committee Chairperson, a prehearing conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference may be held before the Hearing Committee Chairperson or any member of the Committee designated by its Chairperson.
   (h) Conduct of hearings. A Hearing Committee shall conduct its hearings in accordance with rules promulgated by the Board.

Section 8.1. Diversion
   (a) Availability of diversion. Subject to the limitations herein, diversion may be offered by Bar Counsel to an attorney under investigation for a disciplinary violation.
   (b) Limitations on diversion. Diversion shall be available in cases of alleged minor misconduct, but shall not be available where:
 (1) the alleged misconduct resulted in, or is likely to result in, prejudice to a client or another person;
 (2) discipline previously has been imposed or diversion previously has been offered and accepted, unless Bar Counsel finds the presence of exceptional circumstances justifying a waiver of this limitation;
 (3) the alleged misconduct involves fraud, dishonesty, deceit, misappropriation or conversion of client funds or other things of value, or misrepresentation; or
 (4) the alleged misconduct constitutes a criminal offense under applicable law.
   (c) Procedures for diversion. At the conclusion of an investigation, Bar Counsel may, in Bar Counsel's sole discretion, offer to an attorney being investigated for misconduct the option of entering a diversion program in lieu of other procedures available to Bar Counsel. The attorney shall be free to accept or reject the offer of diversion. If the attorney accepts diversion, a written diversion agreement shall be entered into by both parties including, inter alia, the time of commencement and completion of the diversion program, the content of the program, and the criteria by which successful completion of the program will be measured. The diversion agreement shall state that it is subject to review by a member of the Board, to whom it shall be submitted for review and approval after execution by Bar Counsel and the attorney.
   (d) Content of diversion program. The diversion program shall be designed to remedy the alleged misconduct of the attorney. It may include participation in formal courses of education sponsored by the Bar, a law school, or another organization; completion of an individualized program of instruction specified in the agreement or supervised by another Bar entity; or any other arrangement agreed to by the parties which is designed to improve the ability of the attorney to practice in accordance with the Rules of Professional Conduct.
   (e) Proceedings after completion or termination of diversion program. Except as provided in subsection (b)(2) of this section, if the attorney successfully completes a diversion program, Bar Counsel's investigation shall be closed, and the attorney shall have no record of misconduct resulting therefrom. If the attorney does not successfully complete the diversion program, Bar Counsel shall take such other action as is authorized and prescribed under section 8(b).

Section 9. Post-hearing Proceedings
   (a) Hearing Committee report. Within sixty days after the conclusion of its hearing, the Hearing Committee shall in every case submit to the Board a report containing its findings and recommendation, together with a record of its proceedings and the briefs of the parties, if any were submitted. The record shall include a transcript of the hearing.
   (b) Proceedings before the Board. Exceptions to the report of a Hearing Committee may be filed in accordance with rules promulgated by the Board. If no exceptions are filed, the Board shall decide the matter on the basis of the Hearing Committee record. If exceptions are filed, the Executive Attorney shall schedule the matter for submission of briefs and oral argument to the Board.
   (c) Disposition by the Board. Promptly after the conclusion of oral argument or, if there is no argument, promptly after reviewing the Hearing Committee record, the Board shall either adopt or modify the recommendation of the Hearing Committee, remand the case to the Hearing Committee for further proceedings, direct Bar Counsel to issue an informal admonition, or dismiss the petition.
   (d) Report of the Board. Unless the Board dismisses the petition or remands the case, or unless the matter is concluded by a reprimand or a direction for an informal admonition, the Board shall promptly prepare a report containing its findings and recommendation. The Executive Attorney shall submit the report of the Board, together with the entire record, to the Court and shall serve a copy thereof on the attorney.
   (e) Exceptions to the report. The attorney or Bar Counsel, or both, may file with the Court exceptions to the report of the Board within twenty days from the date of service of a copy thereof. The Court, for good cause shown, may grant an additional period for filing exceptions, not to exceed twenty days.
   (f) Exceptions when no report is filed. If the Board issues a reprimand, directs Bar Counsel to issue an informal admonition, or dismisses the petition, the attorney or Bar Counsel, or both, may file with the Court exceptions to the Board's decision within twenty days from the date of service of a copy thereof. The Court, for good cause shown, may grant an additional period for filing exceptions, not to exceed twenty days.
   (g) Proceedings before the Court.
 (1) Upon the filing of exceptions under subsection (e) or subsection (f) of this section, and in all cases arising under section 8 in which the Board's recommended sanction includes a requirement that the attorney make a showing of fitness before reinstatement, the Court shall schedule the matter for consideration in accordance with applicable court procedures. If the matter has come before the Court under subsection (f) of this section, the Court may order the Board to file a report setting forth its findings of fact and the reasons for its decision. Upon conclusion of the proceedings, or upon consideration of the report if no exceptions are filed, the Court shall enter an appropriate order as soon as the business of the Court permits. In determining the appropriate order, the Court shall accept the findings of fact made by the Board unless they are unsupported by substantial evidence of record, and shall adopt the recommended disposition of the Board unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or would otherwise be unwarranted. Unpublished opinions in disciplinary cases decided on or after April 1, 1991, shall not be deemed binding precedent by the Court except as to appropriateness of sanctions.
 (2) When no exceptions are filed (save for cases arising under section 8 in which the Board's recommended sanction includes a requirement that the attorney make a showing of fitness before reinstatement, and save for any case in which the Court directs otherwise), the Court will enter an order imposing the discipline recommended by the Board upon the expiration of the time permitted for filing exceptions.
   (h) Counsel in disciplinary matters before the Court. Proceedings before the Board and the Court shall be conducted by Bar Counsel. If Bar Counsel disagrees with the findings or recommendation of the Board, the position of the Board may be presented before the Court, upon request of the Board, by the Executive Attorney or other counsel. The Court in its discretion may appoint an attorney to present the views of a minority of the Board.
   (i) Court review of final actions by the Board. In any disciplinary proceeding in which a dismissal, an informal admonition, or a reprimand is contemplated or effected, the Court shall have the right to review the matter on its own motion and to enter an appropriate order, including an order directing further proceedings.

Section 10. Disciplinary Proceedings Based Upon Conviction of Crime
   (a) Notification. If an attorney is found guilty of a crime or pleads guilty or nolo contendere to a criminal charge in a District of Columbia court, the clerk of that court shall, within ten days from the date of such finding or plea, transmit to this Court and to Bar Counsel a certified copy of the court record or docket entry of the finding or plea. Bar Counsel shall forward the certified copy to the Board. Upon learning that the certified copy has not been timely transmitted by the clerk of the court in which the finding or plea was made, or that an attorney has been found guilty of a crime or has pleaded guilty or nolo contendere to a criminal charge in a court outside the District of Columbia or in any federal court, Bar Counsel shall promptly obtain a certified copy of the court record or docket entry of the finding or plea and transmit it to this Court and to the Board. The attorney shall also file with this Court and the Board, within ten days from the date of such finding or plea, a certified copy of the court record or docket entry of the finding or plea.
   (b) Serious crimes. The term "serious crime" shall include (1) any felony, and (2) any other crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."
   (c) Action by the Court—Serious crimes. Upon the filing with this Court of a certified copy of the record or docket entry demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, the Court shall enter an order immediately suspending the attorney, notwithstanding the pendency of an appeal, if any, pending final disposition of a disciplinary proceeding to be commenced promptly by the Board. Upon good cause shown, the Court may set aside such order of suspension when it appears in the interest of justice to do so.
   (d) Action by the Board—Serious crimes. Upon receipt of a certified copy of a court record demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, or any crime that appears to be a serious crime as defined in subsection (b) of this section, Bar Counsel shall initiate a formal proceeding in which the sole issue to be determined shall be the nature of the final discipline to be imposed. However, if the Court determines under subsection (c) of this section that the crime is not a serious crime, the proceeding shall go forward on any charges under the Code of Professional Responsibility that Bar Counsel may institute. A disciplinary proceeding under this subsection may proceed through the Hearing Committee to the Board, and the Board may hold such hearings and receive such briefs and other documents as it deems appropriate, but the proceeding shall not be concluded until all direct appeals from conviction of the crime have been completed.
   (e) Other crimes. Upon the receipt of a certified copy of a court record demonstrating that an attorney has been found guilty of a crime other than a serious crime, or has pleaded guilty or nolo contendere to a charge of crime other than a serious crime, Bar Counsel shall investigate the matter and proceed as appropriate under section 8 of this rule.
   (f) Proof of criminal convictions. A certified copy of the court record or docket entry of a finding that an attorney is guilty of any crime, or of a plea of guilty or nolo contendere by an attorney to a charge of any crime, shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based thereon.
   (g) Reinstatement. An attorney suspended under subsection (c) of this section may file with the Court and the Board, at any time, a certificate demonstrating that the underlying finding or plea or the judgment of conviction based thereon has been reversed, vacated, or set aside. Upon the filing of the certificate, the Court shall promptly enter an order reinstating the attorney, but the reinstatement shall not terminate any formal disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the Board on the basis of all available evidence.

Section 11. Reciprocal Discipline
   (a) Definition. As used in this section, "disciplining court" shall include any court of the United States as defined in Title 28, Section 451 of the United States Code, the highest court of any state, territory, or possession of the United States, and any other agency or tribunal with authority to disbar or suspend an attorney from the practice of law in any state, territory, or possession of the United States.
   (b) Notification. It shall be the duty of Bar Counsel to obtain copies of all orders of discipline from other disciplining courts. Upon learning that an attorney subject to the disciplinary jurisdiction of this Court has been disciplined by another disciplining court, Bar Counsel shall obtain a certified copy of the disciplinary order and file it with the Board and with this Court. In addition, any attorney subject to the disciplinary jurisdiction of this Court, upon being subjected to professional disciplinary action by a disciplining court outside the District of Columbia or by another court in the District of Columbia, shall promptly inform Bar Counsel of such action.
   (c) Standards for reciprocal discipline. Reciprocal discipline shall be imposed unless the attorney demonstrates, by clear and convincing evidence, that:
 (1) The procedure elsewhere was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or
 (2) There was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Court could not, consistently with its duty, accept as final the conclusion on that subject; or
 (3) The imposition of the same discipline by the Court would result in grave injustice; or
 (4) The misconduct established warrants substantially different discipline in the District of Columbia; or
 (5) The misconduct elsewhere does not constitute misconduct in the District of Columbia.
Unless there is a finding by the Board under (1), (2), or (5) above that is accepted by the Court, a final determination by a disciplining court outside the District of Columbia or by another court in the District of Columbia that an attorney has been guilty of professional misconduct shall conclusively establish the misconduct for the purpose of a reciprocal disciplinary proceeding in this Court.
   (d) Temporary suspension and show cause order. Upon receipt of a certified copy of an order demonstrating that an attorney subject to the disciplinary jurisdiction of this Court has been suspended or disbarred by a disciplining court outside the District of Columbia or by another court in the District of Columbia, the Court shall forthwith enter an order suspending the attorney from the practice of law in the District of Columbia pending final disposition of any reciprocal disciplinary proceeding, and directing the attorney to show cause within thirty days from the date of the order why the identical discipline should not be imposed. The attorney's response to the order to show cause shall be filed with the Board, which for good cause shown may extend the time for filing a response for a period not to exceed thirty days.
   (e) Recommendation by the Board. Promptly after the attorney's response to the order to show cause is filed or, if no response is filed, promptly after the time for filing a response has expired, the Board shall recommend to the Court whether reciprocal discipline should be imposed. If no order to show cause has been issued, the Board shall recommend to the Court whether reciprocal discipline should be imposed promptly after receiving a certified copy of an order demonstrating that an attorney subject to the disciplinary jurisdiction of this Court has been subjected to professional disciplinary action, other than suspension or disbarment, by a disciplining court outside the District of Columbia or by another court in the District of Columbia. A copy of the Board's recommendation shall be served on the attorney. If the Board recommends to the Court that reciprocal discipline be imposed, the attorney may file with the Court, within thirty days after service of the Board's recommendation, an opposition to the recommendation stating specific reasons why the imposition of reciprocal discipline would be unwarranted.
   (f) Action by the Court.
 (1) When no opposition to the recommendation of the Board has been timely filed, and when the Court does not direct that the matter be considered under paragraph (2) of this subsection, the Court will enter an order imposing the discipline recommended by the Board upon the expiration of the time permitted for filing an opposition.
 (2) In matters not falling under paragraph (1) of this subsection, the Court shall impose the identical discipline unless the attorney demonstrates, or the Court finds on the face of the record on which the discipline is predicated, by clear and convincing evidence, that one or more of the grounds set forth in subsection (b) of this section exists. If the Court determines that the identical discipline should not be imposed, it shall enter such order as it deems appropriate, including referral of the matter to the Board for its further consideration and recommendation.
   (g) Action when reciprocal discipline is not recommended. If the Board concludes that reciprocal discipline should not be imposed, it shall accept the facts found by the disciplining court unless it has made a finding under (1), (2), or (5) of subsection (b) of this section. In the absence of such a finding, the Board shall either:
 (1) report to the Court its recommendation as to the appropriate discipline, or
 (2) refer the matter to a Hearing Committee for its recommendation as to the appropriate discipline, or
 (3) direct Bar Counsel to institute such proceedings as may be appropriate.
   A copy of the Board's decision shall be served on the attorney. If the Board makes a recommendation to the Court under (1) above, the attorney may, within thirty days after service, file with the Court an opposition to the recommendation stating specific reasons why the imposition of reciprocal discipline would be unwarranted. If the Board makes a recommendation to the court under (1) or directs Bar Counsel to institute proceedings under (3) above, Bar Counsel may, within thirty days after service, file with the Court exceptions to the decision of the Board.
   (h) Effect of stay of discipline by disciplining Court. If at any time the discipline imposed outside the District of Columbia or by another court in the District of Columbia is stayed, any reciprocal discipline imposed by this Court or by the Board shall be deferred until the stay expires.

Section 12. Disbarment by Consent
   (a) Required affidavit. An attorney who is the subject of an investigation or a pending proceeding based on allegations of misconduct may consent to disbarment, but only by delivering to Bar Counsel an affidavit declaring the attorney's consent to disbarment and stating:
 (1) That the consent is freely and voluntarily rendered, that the attorney is not being subjected to coercion or duress, and that the attorney is fully aware of the implication of consenting to disbarment;
 (2) That the attorney is aware that there is currently pending an investigation into, or a proceeding involving, allegations of misconduct, the nature of which shall be specifically set forth in the affidavit;
 (3) That the attorney acknowledges that the material facts upon which the allegations of misconduct are predicated are true; and
 (4) That the attorney submits the consent because the attorney knows that if disciplinary proceedings based on the alleged misconduct were brought, the attorney could not successfully defend against them.
   (b) Action by the Board and the Court. Upon receipt of the required affidavit, Bar Counsel shall file it and any related papers with the Board for its review and approval. Upon such approval, the Board shall promptly file it with the Court. The Court thereafter may enter an order disbarring the attorney on consent.
   (c) Access to records of disbarment by consent. The order disbarring an attorney on consent shall be a matter of public record. However, the affidavit required under subsection (a) of this section shall not be publicly disclosed or made available for use in any other proceeding except by order of the Court or upon written consent of the attorney.

Section 13. Incompetent and Incapacitated Attorneys
   (a) Mentally disabled attorneys. When an attorney has been judicially declared to be mentally incompetent or has been involuntarily committed to a mental hospital as an inpatient, the Court, upon proper proof of that fact, shall enter an order suspending that attorney from the practice of law for an indefinite period until further order of the Court. The suspension shall be effective immediately. A copy of the order shall be served upon the attorney, the attorney's guardian, and the director of the mental hospital, if any, in such manner as the Court may direct. If at any time thereafter the attorney is judicially declared to be competent or discharged from inpatient status in the mental hospital, the Court may dispense with further evidence that the disability has ended and may direct the attorney's reinstatement to the practice of law upon such terms as it deems appropriate.
   (b) Application for medical examination. If, at any time prior to its final disposition of a disciplinary proceeding, the Board has good cause to believe that the mental or physical condition of the attorney is relevant to the subject matter of the complaint and is a factor which should be considered in the pending proceeding, the Board shall direct Bar Counsel to apply to the Court for an order requiring the attorney to submit to an appropriate examination. The application shall be by petition, with notice to the attorney, and shall be accompanied by a statement from Bar Counsel setting forth in detail the reasons for the application and the relevance of the examination to the pending proceeding.
   (c) Attorneys who may be incapacitated. If the Board has reason to believe that an attorney is incapacitated from continuing to practice law because of mental infirmity or illness or because of addiction to drugs or intoxicants, the Board may petition the Court to determine whether the attorney is so incapacitated. Upon the filing of the Board's petition, the Court may take or direct such action as it deems appropriate, including the examination of the attorney by such qualified medical expert or experts as it shall designate. If the Court concludes that the attorney is incapacitated from continuing to practice law, it shall enter an order suspending the attorney on the ground of such disability for an indefinite period, effective immediately and until further order of the Court, and any pending disciplinary proceeding against the attorney shall be held in abeyance. In a case of addiction to drugs or intoxicants, the Court alternatively may consider the possibility of probationary conditions. The Court may provide for such notice to the attorney of proceedings in the matter as it deems appropriate and may appoint counsel to represent the attorney if it determines that the attorney is without adequate representation.
   (d) Burden of proof. In a proceeding under this section seeking an order of suspension, the burden of proof shall be upon the Board. In a proceeding under this section seeking an order terminating a suspension, the burden of proof shall be upon the suspended attorney.
   (e) Claim of disability by attorney. If, in the course of a disciplinary proceeding, the attorney claims to be suffering from a disability because of mental or physical illness or infirmity, or because of addiction to drugs or intoxicants, which makes it impossible for the attorney to present an adequate defense, the Court shall enter an order immediately suspending the attorney from the practice of law until a determination is made of the attorney's capacity to practice law in a proceeding under subsection (c) of this section.
   (f) Action by the Court when attorney is not incapacitated. If, in the course of a proceeding under this section or a disciplinary proceeding, the Court determines that the attorney is not incapacitated from practicing law, it shall take such action as it deems appropriate, including the entry of an order directing the resumption of the disciplinary proceeding against the attorney.
   (g) Reinstatement of incapacitated attorney. An attorney suspended under this section may apply for reinstatement once a year, or at such shorter intervals as the Court may direct in its order of suspension or any modification thereof. Upon the filing of such application, the Court may take or direct such action as it deems appropriate, including the examination of the attorney by such qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the expense of such an examination shall be paid by the attorney, and that evidence be presented establishing proof of the attorney's competence and learning in the law, which may include certification by the bar examiners of the attorney's successful completion of an examination for admission to practice. An application for reinstatement under this subsection shall be granted by the Court upon a showing by the attorney, by clear and convincing evidence, that the disability has ended and that the attorney is fit to resume the practice of law.
   (h) Waiver of doctor-patient privilege. The filing of an application for reinstatement under subsection (g) of this section shall constitute a waiver of any doctor-patient privilege with respect to any treatment of the attorney during the period of disability. The attorney shall disclose the name and address of every physician by whom, and every hospital in which, the attorney has been examined or treated since the suspension and shall furnish to the Court written consent to each to divulge such information and records as may be required by Court-appointed medical experts.

Section 14. Disbarred and Suspended Attorneys
   (a) Notice to clients in non-litigated matters. An attorney ordered to be disbarred or suspended shall promptly notify by registered or certified mail, return receipt requested, all clients on retainer and all clients being represented in pending matters other than litigated or administrative matters or proceedings pending in any court or agency, of the order of disbarment or suspension and of the attorney's consequent inability to act as an attorney after the effective date of the order, and shall advise such clients to seek legal advice elsewhere.
   (b) Notice to clients in litigated matters. An attorney ordered to be disbarred or suspended shall promptly notify, by registered or certified mail, return receipt requested, all clients involved in litigated matters or administrative proceedings in any court of the District of Columbia, or in pending matters before any District of Columbia government agency, of the order of disbarment or suspension and of the attorney's consequent inability to act as an attorney after the effective date of the order. The notice shall advise the prompt substitution of another attorney or attorneys. If the client fails to obtain substitute counsel before the effective date of the order, the disbarred or suspended attorney shall move pro se in the court or agency in which the proceeding is pending for leave to withdraw.
   (c) Notice to adverse parties. An attorney ordered to be disbarred or suspended shall promptly notify, by registered or certified mail, return receipt requested, the attorney or attorneys for every adverse party in litigated matters or administrative proceedings in any court of the District of Columbia, or in pending matters in any District of Columbia administrative agency, of the order of disbarment or suspension and of the attorney's consequent inability to act as an attorney after the effective date of the order. The notice shall state the mailing address of each client of the disbarred or suspended attorney who is a party in the pending matter or proceeding.
   (d) Delivery of client papers and property. An attorney ordered to be disbarred or suspended shall promptly deliver to all clients being represented in pending matters any papers or other property to which the clients are entitled, or shall notify the clients and any co-counsel of a suitable time when and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property.
   (e) Imposition of discipline pendente lite. The Court, sua sponte or on motion, may order that the discipline recommended by the Board shall take effect pending the Court's determination of the merits of the case.
   (f) Effective date of discipline. Except as provided in sections 10, 11, and 13 of this rule, and in subsection (e) of this section, an order of disbarment or suspension shall be effective thirty days after entry unless the Court directs otherwise. The disbarred or suspended attorney, after entry of the order, shall not accept any new retainer or engage as attorney for another in any new case or legal matter of any nature. However, during the period between the date of entry of the order and its effective date, the attorney may conclude other work on behalf of a client on any matters which were pending on the date of entry. If such work cannot be concluded, the attorney shall so advise the client so that the client may make other arrangements.
   (g) Required affidavit and registration statement. Within ten days after the effective date of an order of disbarment or suspension, the disbarred or suspended attorney shall file with the Court and the Board an affidavit:
 (1) Demonstrating with particularity, and with supporting proof, that the attorney has fully complied with the provisions of the order and with this rule;
 (2) Listing all other state and federal jurisdictions and administrative agencies to which the attorney is admitted to practice; and
 (3) Certifying that a copy of the affidavit has been served on Bar Counsel.
   The affidavit shall also state the residence or other address of the attorney to which communications may thereafter be directed. The Board may require such additional proof as it deems necessary. In addition, for five years following the effective date of a disbarment or suspension order, a disbarred or suspended attorney shall continue to file a registration statement in accordance with Rule II, stating the residence or other address to which communications may thereafter be directed, so that the attorney may be located if a complaint is made about any conduct of the attorney occurring before the disbarment or suspension. See also section 16(c).
   (h) Required records. An attorney ordered to be disbarred or suspended, other than an attorney suspended under section 13(a) or 13(c), shall keep and maintain records of the various steps taken under this section, so that in any subsequent proceeding proof of compliance with this section and with the disbarment or suspension order will be available. The Court may require the attorney to submit such proof as a condition precedent to the granting of any petition for reinstatement. In the case of an attorney suspended under section 13(a) or 13(c), the Court shall enter such order as may be required to compile and maintain all necessary records. See also sections 15(a) and 15(f).

Section 15. Protection of Clients' Interests When Attorney Becomes Unavailable
   (a) Appointment of Counsel. If an attorney dies, disappears, or is suspended for incapacity or disability, and there is no partner, associate, or other responsible attorney capable of conducting the attorney's affairs, the Court, on motion of the Board, shall appoint a member of the Bar to make an inventory of the attorney's cases, to make appropriate disposition of the attorney's files, to distribute as appropriate any funds in the attorney's escrow accounts, and to ensure continuity of representation for the attorney's clients. The appointed attorney shall file with the Board written acceptance of the appointment.
   (b) Initiation of proceeding. Any person may apply to the Board for action to be taken under this section. The Board may also act on direction from the Court, on notice from Bar Counsel or from any other source, or on its own motion.
   (c) Establishment of eligibility. When directed by the Chairperson of the Board, the Executive Attorney shall determine that an attorney's affairs require proceeding under this section and shall verify that determination to the Board.
   (d) Selection of attorneys for appointment. The Court may appoint any member of the Bar to perform any function under subsection (a) of this section. The Executive Attorney, after consulting with the Lawyer Referral and Information Service of the Bar, may submit to the Court the names of three attorneys who are willing and able to accept such appointment.
   (e) Compensation for appointed attorneys. The level of compensation to be paid under this section shall, in the absence of extraordinary circumstances as determined by the Chairperson of the Board, be the prevailing rate under the District of Columbia Criminal Justice Act. If, after reasonable efforts, the Executive Attorney cannot find three attorneys willing to accept compensation at that rate, the list of names submitted by the Executive Attorney under subsection (d) may include attorneys who will serve at a higher rate deemed appropriate by the Executive Attorney. In such a case, the Executive Attorney shall provide to the Chairperson of the Board a brief description, in writing, of the nature and extent of the search for candidates for appointment.
   (f) Duties of appointed attorney. As promptly as possible after receiving an appointment by the Court under subsection (a), the appointed attorney shall review the files, identify open cases, and note those requiring action. The attorney shall provide to the Executive Attorney, in writing, an estimate of the number of hours necessary to complete the inventory and distribution. If the attorney is appointed in the case of an attorney suspended under section 13(a) or 13(c), the appointed attorney shall, to the fullest extent possible, compile and maintain such records as the Court may require under section 14(g).
   (g) Budget amendments. If the Executive Attorney reasonably concludes that the estimated payment of fees for services to be performed under this section will exceed the amount available for that purpose in the budget of the Board, the Executive Attorney shall, on approval by the Chairperson of the Board, submit a report to the Board of Governors seeking a budget amendment before authorizing the appointed attorney to proceed.
   (h) Contact with clients. The appointed attorney shall consult with clients whose cases are open to discuss the disposition of their cases and to make arrangements to distribute client papers and assets.
   (i) Disposition of cases. After consulting each client, the appointed attorney may refer that client's open cases to attorneys willing to handle such matters, may advise the client to consult the Lawyer Referral and Information Service of the Bar for assistance in finding new counsel, or may elect, with the consent of the client, to assume responsibility for one or more of the client's cases. In all other matters the attorney shall return the client's files to the client.
   (j) Monthly statements of time and expenses. The appointed attorney shall submit to the Executive Attorney each month a detailed statement of the time spent and expenses incurred in carrying out the order of appointment.
   (k) Review of statements and payment. The Executive Attorney shall promptly review the appointed attorney's statement and submit it to the Chairperson of the Board, together with a recommendation for the Chairperson's review and, if appropriate, approval. Upon approval of the statement by the Chairperson of the Board, the Executive Attorney shall authorize payment to the appointed attorney by submitting a copy of the approved statement to the Board of Governors. The appointed attorney shall receive compensation under this section only for services rendered in carrying out the order of appointment. If the appointed attorney undertakes any substantive work on a case, payment for such work shall be made by the client in accordance with a fee agreement between the appointed attorney and the client.
   (l) Confidentiality. The appointed attorney shall not disclose any information obtained in a client file without the consent of the client to whom the file relates, except as necessary to carry out the order of appointment.

Section 16. Reinstatement
   (a) Restrictions on reinstatement. A disbarred attorney, or a suspended attorney required to furnish proof of rehabilitation under section 3(a)(2) of this rule, shall not resume the practice of law until reinstated by order of the Court. A disbarred attorney not otherwise ineligible for reinstatement may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment. See also section 14(h).
   (b) Reinstatement of attorneys suspended for disability. An attorney who has been suspended indefinitely because of disability under section 13 of this rule may move for reinstatement in accordance with that section, but reinstatement shall not be ordered except on a showing by clear and convincing evidence that the disability has ended and that the attorney is fit to resume the practice of law.
   (c) Reinstatement of attorneys suspended on other grounds. An attorney suspended for more than one year before September 1, 1989, shall be subject to the reinstatement requirements in effect on the date of suspension. An attorney suspended for a specific period of time on or after September 1, 1989, without being required to furnish proof of rehabilitation under section 3(a)(2) of this rule shall be reinstated without further proceedings upon the expiration of the period specified in the order of suspension, provided that the attorney has timely filed with the Court the affidavit required by section 14(g) and such other proof as may be required under section 14(h). Notwithstanding the foregoing, a suspended attorney shall not be eligible for reinstatement until a period of time equal to the period of suspension shall have elapsed following the attorney's compliance with section 14, and a disbarred attorney shall not be eligible for reinstatement until five years shall have elapsed following the attorney's compliance with section 14. If the attorney has failed in any respect to comply with section 14, the Board shall so notify the Court, and the Court thereafter shall enter an appropriate order.
   (d) Petitions for reinstatement—Action by the Board. A petition for reinstatement by a disbarred attorney or an attorney suspended for misconduct rather than for disability and required to provide proof of rehabilitation shall be filed with the Board. If the attorney is not eligible for reinstatement, or if the Board determines that the petition is insufficient or defective on its face, the Board may dismiss the petition; otherwise it shall refer the petition to a Hearing Committee. The Executive Attorney shall promptly schedule a hearing at which the attorney seeking reinstatement shall have the burden of proof by clear and convincing evidence. Such proof shall establish:
 (1) That the attorney has the moral qualifications, competency, and learning in law required for readmission; and
 (2) That the resumption of the practice of law by the attorney will not be detrimental to the integrity and standing of the Bar, or to the administration of justice, or subversive to the public interest.
The Board by rule may adopt procedures not inconsistent with this subsection for the conduct of any hearing on a petition for reinstatement. At the conclusion of the hearing, the Hearing Committee shall promptly transmit its findings and recommendations to the Board, together with the record of the hearing. The Board shall review the report of the Hearing Committee and the record and shall file its own findings and recommendation with the Court, together with the record. The findings and recommendation shall include on the first page, immediately beneath the caption of the case, a separate section entitled "Prior Proceedings" which shall state the docket number of the original disciplinary proceeding in which the suspension or disbarment was ordered and the names of the judges who participated in that proceeding.
   (e) Petitions for reinstatement—Action by the Court. Upon the filing of the Board's findings and recommendation, the Court shall schedule the matter for consideration in accordance with the general rules governing civil appeals. Whenever possible, a petition for reinstatement shall be transmitted to the division of the Court which imposed the discipline. If the petition is unopposed, the Court in its discretion may grant it, or may enter any other appropriate order, without further briefing or argument.
   (f) Conditions of reinstatement. If the petitioner is found unfit to resume the practice of law, the petition shall be denied. If the petitioner is found fit to resume the practice of law, the Court shall enter an order of reinstatement, which may be conditioned upon the making of partial or complete restitution to persons harmed by the misconduct which led to the suspension or disbarment, or upon the payment of all or part of the costs of the reinstatement proceedings, or both. The reinstatement may also be conditioned upon the furnishing of evidence, in a form determined by the Court, of the petitioner's successful completion of an examination for reinstatement subsequent to the date of suspension or disbarment. The Court may impose such other conditions on reinstatement as it deems appropriate.
   (g) Resubmission of petitions for reinstatement. If a petition for reinstatement is denied, no further petition for reinstatement may be filed until the expiration of at least one year following the denial unless the order of denial provides otherwise.

Section 17. Confidentiality
   (a) Disciplinary proceedings. Except as otherwise provided in this rule or as the Court may otherwise order, all proceedings involving allegations of misconduct by an attorney shall be kept confidential until either a petition has been filed under section 8(c) or an informal admonition has been issued. All proceedings before the Hearing Committee and the Board shall be open to the public, and the petition, together with any exhibits introduced into evidence, shall be available for public inspection. If an informal admonition is issued, the correspondence from Bar Counsel informing the attorney of the grounds for the admonition shall be available for public inspection. Bar Counsel's files and records, however, shall not be available for public inspection except to the extent that portions thereof are introduced into evidence in a proceeding before the Hearing Committee.
   (b) Disability proceedings. All proceedings involving allegations of disability on the part of an attorney shall be kept confidential unless and until the Court enters an order suspending the attorney under section 13 of this rule.
   (c) Informal admonitions. Bar Counsel may disclose information pertaining to proceedings resulting in informal admonitions to any court, to any other judicial tribunal or disciplinary agency, to any duly authorized law enforcement officer or agency conducting an investigation, to any representative of a public agency considering an attorney for judicial or public employment or appointment, or to any representative of another bar considering the application of an attorney for admission to such bar. Bar Counsel may also make such disclosure to a duly authorized representative of the District of Columbia Bar with respect to any person whom the Bar is considering for possible employment, appointment to a Bar position related to attorney discipline or legal ethics, or recommendation to this Court for appointment to any board, committee, or other body.
   (d) Protective orders. To protect the interests of the complainant or of any other person, the Board may, upon application and for good cause shown, and upon notice to the attorney and an opportunity to be heard, issue a protective order prohibiting the disclosure of confidential or privileged information or of any documents listed in the order, including subpoenas and depositions, and directing that any proceedings before the Board or a Hearing Committee be so conducted as to implement the order.
   (e) Limited disclosure on motion. The Court on motion may authorize disclosure of otherwise confidential information to the Committee on Admissions, the Committee on Unauthorized Practice, or a duly constituted grand jury for use in the performance of its official duties. For good cause shown, the Court on motion may authorize disclosure of otherwise confidential information through discovery in any civil action, subject to such protective order as the Court may deem appropriate. With respect to the Clients' Security Trust Fund, Bar Counsel shall follow the procedures prescribed in the Notice to the Bar dated November 21, 1986, which is Appendix C to these Rules.

Section 18. Subpoenas
   (a) Issuance of subpoenas. In carrying out this rule, any member of the Board, any member of a Hearing Committee in matters before the Committee, the Executive Attorney, or Bar Counsel in matters under investigation may, subject to Superior Court Civil Rule 45, compel by subpoena the attendance of witnesses and the production of pertinent books, papers, documents, and other tangible objects at the time and place designated in the subpoena. An attorney who is a respondent in a disciplinary proceeding or is under investigation by Bar Counsel may, subject to Superior Court Civil Rule 45, compel by subpoena the attendance of witnesses and the production of pertinent books, papers, documents, and other tangible objects before a Hearing Committee after formal disciplinary proceedings are instituted. Subpoena and witness fees and mileage costs shall be the same as those in the Superior Court.
   (b) Subpoenas issued during investigations. A subpoena issued during the course of an investigation shall clearly state on its face that it is issued in connection with a confidential investigation under this rule. A consultation with an attorney by a person subpoenaed shall not be regarded as a breach of confidentiality.
   (c) Quashing subpoenas. Any challenge to the validity of a subpoena issued in accordance with this section shall be heard and determined by a Hearing Committee designated by the Executive Attorney. The decision of the Hearing Committee shall not be subject to an interlocutory appeal but may be reviewed by the Board and subsequently by the Court as part of their review of the case in which the subpoena is issued.
   (d) Enforcement of subpoenas. The Court may, upon proper application, enforce the attendance and testimony of any witnesses and the production of any documents or tangible objects so subpoenaed.
   (e) Subpoena pursuant to law of another jurisdiction. Whenever a subpoena is sought in the District of Columbia pursuant to the law of another jurisdiction for use in lawyer discipline or disability investigations or proceedings in that jurisdiction, and where the application for issuance of the subpoena has been duly approved or authorized under the law of that jurisdiction, Bar Counsel (in a case where the request is by the disciplinary authority of the foreign jurisdiction) or an attorney admitted to practice in this jurisdiction (in a case where the request is by a respondent in a proceeding in the foreign jurisdiction), may issue a subpoena as provided in this Section to compel the attendance of witnesses and production of documents in the District of Columbia, or elsewhere as agreed by the witnesses, for use in such foreign investigations or proceedings or in defense thereof. Service, enforcement and challenges to such subpoenas shall be as provided in this Section and incorporated rules.
   (f) Request for foreign subpoena in aid of proceeding in this jurisdiction. In a lawyer discipline or disability investigation or proceeding pending in this jurisdiction, both Bar Counsel and a respondent may apply for the issuance of subpoenas in other jurisdictions, pursuant to the rules of those jurisdictions, where such application is in aid of such investigation or proceeding or in defense thereto, and to the extent that Bar Counsel or the respondent could issue compulsory process or obtain formal prehearing discovery under the provisions of this Rule or the rules issued by the Board on Professional Responsibility.

Section 19. Miscellaneous Matters
   (a) Immunity. Complaints submitted to the Board or Bar Counsel shall be absolutely privileged, and no claim or action predicated thereon may be instituted or maintained. Members of the Board, its employees, members of Hearing Committees, Bar Counsel, and all assistants and employees of Bar Counsel shall be immune from disciplinary complaint under this rule and from suit for any conduct in the course of their official duties.
   (b) Complaints against members of the disciplinary system. Disciplinary complaints against members of the Board involving activities other than those performed within the scope of their duties as Board members shall be submitted directly to the Court. Disciplinary complaints against Hearing Committee members, the Executive Attorney, or Bar Counsel involving activities other than those performed within the scope of their duties as such shall be submitted directly to the Board.
   (c) Effect of settlement, compromise, restitution, or refusal to proceed. Neither unwillingness nor neglect by the complainant to sign a disciplinary complaint or to prosecute a charge, nor settlement, compromise, or restitution, shall in itself justify abatement of an investigation into the conduct of an attorney.
   (d) Related pending litigation. The processing of a disciplinary complaint shall not be deferred or abated because of substantial similarity to the material allegations of pending criminal, civil, or administrative proceedings, unless authorized by the Board or a Contact Member for good cause shown.
   (e) Service. Service upon the attorney of a petition instituting formal disciplinary proceedings shall be made by personal service by any person authorized by the Chairperson of the Board, or by registered or certified mail, return receipt requested, to the address shown in the most recent registration statement filed by the attorney pursuant to Rule II, or other last known address. Service by registered or certified mail shall not be effective unless Bar Counsel files in the record of the proceeding proof of receipt of the petition by the attorney. Service of any other paper or notice required by this rule shall, unless otherwise provided in this rule, be made in accordance with Superior Court Civil Rule 5.
   (f) Required records. Every attorney subject to the disciplinary jurisdiction of this Court shall maintain complete records of the handling, maintenance, and disposition of all funds, securities, and other properties belonging to another person, or to a corporation, association, partnership, or other entity, at any time in the attorney's possession, from the time of receipt to the time of final distribution, and shall preserve such records for a period of five years after final distribution of such funds, securities, or other properties or any portion thereof.
   (g) Expenses. The salaries of Bar Counsel and the Executive Attorney, their expenses, the expenses of the members of the Board and Hearing Committees, and other expenses incurred in the implementation or administration of this rule shall be paid out of the funds of the Bar.