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South Carolina
JUDICIAL DEPARTMENT
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RULE 30
DUTIES FOLLOWING DISBARMENT, SUSPENSION,
OR PERMANENT RESIGNATION

(a) Notice to Clients. A lawyer who is disbarred, suspended, or granted permanent resignation in lieu of discipline shall promptly notify, or cause to be notified, by registered or certified mail, return receipt requested, all clients being represented in a pending matter. The notice shall advise the client of the disbarment, suspension, or permanent resignation in lieu of discipline and of the consequent inability to act as an attorney. The notice shall also advise the client to seek legal advice of the client's own choice elsewhere and, if the matter involves pending litigation or administrative proceedings, of the desirability of the prompt substitution of another lawyer to act as the client's attorney in the proceedings.

(b) Notice to Other Counsel. A lawyer who is disbarred, suspended, or granted permanent resignation in lieu of discipline shall promptly notify, or cause to be notified, any co-counsel in any pending matter and any opposing counsel in any pending matter, or in the absence of opposing counsel, the adverse parties, of the disbarment, suspension, or permanent resignation in lieu of discipline and of the consequent inability of the lawyer to act as an attorney. The notice shall state the place of residence of the client of the disbarred, suspended, or permanently resigned lawyer.

(c) Withdrawal From Representation. In the event the client does not obtain substitute counsel within 10 days of the date of the notice, it shall be the responsibility of the disbarred, suspended, or permanently resigned lawyer to move in the court or agency in which the proceedings are pending for leave to withdraw.

(d) Refund of Fees and Return of Property. A disbarred, suspended, or permanently resigned lawyer shall promptly refund any part of any fees paid in advance that has not been earned. The lawyer shall also deliver to all clients being represented in pending matters any papers or other property to which they are entitled and shall notify them and any counsel representing them of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property. If a receiver or an attorney to assist the receiver has been appointed under Rule 31, the return of client fees and property shall be accomplished by the receiver or the attorney appointed to assist the receiver.

(e) Duty to Maintain Records. The lawyer shall keep and maintain records showing compliance with the requirements of this rule, and shall make these records available to disciplinary counsel upon request.

(f) Surrender of Certificate. A lawyer who has been disbarred or granted permanent resignation in lieu of discipline shall, within fifteen (15) days after the order of disbarment or permanent resignation in lieu of discipline, surrender his or her certificate of admission to practice law in this state to the Clerk of the Supreme Court. The certificate shall be destroyed by the Clerk.

(g) Duty to Cooperate with Receiver. If a receiver or an attorney to assist the receiver has been appointed under Rule 31, a lawyer who has been disbarred, suspended, or granted permanent resignation in lieu of discipline shall cooperate with the receiver and any attorney appointed to assist the receiver and shall comply with requests to take specific action regarding the client files and accounts.

(h) Remove Indicia of the Practice of Law. A lawyer who has been disbarred, suspended, or granted permanent resignation in lieu of discipline shall promptly remove any indicia of the practice of law that the lawyer is capable of removing or deleting, including signage, letterhead, website(s), Internet profiles, email address(es), and any form of advertising or solicitation created or maintained by the lawyer.

(i) Affidavit to Be Filed. Within 15 days after the effective date of the disbarment, suspension, or permanent resignation in lieu of discipline, the lawyer shall file and serve an affidavit with the Supreme Court, disciplinary counsel, and the Commission on Lawyer Conduct showing:

(1)  Compliance with the provisions of the order of disbarment, suspension, or permanent resignation in lieu of discipline and this rule;

(2)  All other state, federal and administrative jurisdictions to which the lawyer is admitted to practice; and

(3)  Residence or other addresses where communications may thereafter be directed.

(j)   Failure to Comply. A disbarred, suspended, or permanently resigned lawyer who fails to comply with the requirements of this rule may be held in criminal or civil contempt by the Supreme Court. Further, if a disbarred or suspended lawyer fails to timely surrender the certificate to practice law or to timely file the affidavit as required by sections (f) and (i) of this rule, the time before the disbarred or suspended lawyer is eligible to seek reinstatement under Rules 32 or 33, RLDE, shall not begin to run until the certificate and affidavit are actually received by the Clerk of the Supreme Court.

Last amended by Order dated November 12, 2014.