Rule 231: Notice to Clients, Opposing Counsel, and Courts Following Suspension or Disbarment

(a)   Attorney’s Duty.

(1)   Notice. No later than 14 days after the Supreme Court issues an order suspending an attorney’s license to practice law or disbarring an attorney, the attorney must complete the following requirements.

(A)   Client Notice. The attorney must notify in writing each client that the client should obtain new counsel because the attorney is suspended or disbarred and is no longer authorized to practice law in Kansas.

(B)   Withdrawal. The attorney must file in each proceeding in which the attorney is counsel of record a notice of withdrawal stating that the attorney is suspended or disbarred and is no longer authorized to practice law in Kansas.

(C)   Opposing Counsel and Court. The attorney must notify the following individuals and jurisdictions in writing that the attorney is suspended or disbarred and is no longer authorized to practice law in Kansas:

(i)   all opposing counsel;

(ii)   the clerk of the district court and the chief judge of each judicial district where the attorney is counsel of record; and

(iii)   each United States jurisdiction and each foreign jurisdiction where the attorney is or has been authorized to practice law.

(2)   Certification. No later than 30 days after the Supreme Court issues an order suspending an attorney’s license to practice law or disbarring an attorney, the attorney must provide an affidavit to the Supreme Court certifying that the attorney complied with subsection (a)(1).

(b)   Continued Practice. It is the unauthorized practice of law and a violation of Kansas Rule of Professional Conduct 5.5 for an attorney to continue to practice law in Kansas after the Supreme Court issues an order suspending or disbarring the attorney.

(c)   Notice by Clerk. No later than 14 days after the Supreme Court issues an order suspending or disbarring an attorney, the clerk of the appellate courts will provide notice that the attorney is suspended or disbarred to the chief judge of the district in which the attorney resides and the clerk of the supreme court of any other state and any federal court in which the attorney is licensed to practice law.

[History: New rule adopted effective January 1, 2021.]