Model Fed Rules Disciplinary Enforce.authcheckdam.pdf0

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American Bar Association Standing Committee on Professional Discipline and Center for Professional Responsibility The Model Federal Rules of Disciplinary Enforcement were approved by the American Bar Association House of Delegates on February 14, 1978 Copyright c 1978, 1991 by the American Bar Association. All Rights
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  MODEL FEDERAL RULES OF DISCIPLINARY ENFORCEMENTAmerican Bar AssociationStanding Committee on Professional DisciplineandCenter for Professional Responsibility The Model Federal Rules of Disciplinary Enforcementwere approved by the American Bar AssociationHouse of Delegates on February 14, 1978Copyright c 1978, 1991 by the American Bar Association.All Rights Reserved.  MODEL FEDERAL RULES OFDISCIPLINARY ENFORCEMENTApproved by the House of Delegates ofthe American Bar Association,February 1978, at its MidyearMeeting in New Orleans, LouisianaTABLE OF CONTENTSSUBJECT HEADINGSPAGEREFERENCEStatement of Need for AdoptingFederal Rules of Disciplinary Enforcement.1--Model Federal Rules of DisciplinaryEnforcement.2--Lawyers Convicted of Crimes.2Rule IDiscipline Imposed by Other Courts.3Rule IIDisbarment on Consent or Resignationin Other Courts.5Rule IIIStandards for Professional Conduct.6Rule IVDisciplinary Proceedings.6Rule VDisbarment on Consent While UnderDisciplinary Investigation orProsecution.7Rule VIReinstatement/Readmission.8Rule VIILawyers Specially Admitted.10Rule VIIIService of Papers and Other Notices.10Rule IXAppointment of Counsel.11Rule XPeriodic Assessment of Lawyers;Registration Statements.12Rule XIPayment of Fees and Costs.14Rule XIIDuties of the Clerk.15Rule XIIIJurisdiction.15Rule XIV  Effective Date.16Rule XVStatement of Need for AdoptingFederal Rules of Disciplinary EnforcementMembership in good standing in the Bar of a Court of theUnited States constitutes a continuing proclamation by the Courtthat the holder is fit to be entrusted with professional andjudicial matters, and to aid in the administration of justice asa lawyer and as an officer of the Court.It is the duty of every lawyer admitted to practice before aCourt of the United States to conduct himself or herself at alltimes in conformity with the standards imposed upon members ofthe Bar as conditions for the privilege to practice law.It is the duty of the Court to supervise the conduct of themembers of its Bar in order to assure the public that thosestandards are scrupulously adhered to. The proper discharge ofthat duty requires that the Court have the assistance of counselto investigate and prosecute where there are appropriateallegations that those standards have been violated. To assurecompetent and knowledgeable counsel, and to avoid unnecessaryduplication of systems and personnel, these Rules provide forthe appointment of the appropriate state disciplinary agency inthe jurisdiction in which the Court sits whenever appointment ofcounsel is required hereunder.In order to be admitted to practice in a Court of the UnitedStates, a lawyer must demonstrate that he or she is a member ingood standing before the courts of one of the 50 states or theDistrict of Columbia. Consequently, for purposes of admittinglawyers to practice before them the Courts of the United Statesmay and do rely upon the standards for admission of therespective states. Insofar as discipline of admitted lawyers isconcerned, however, the Supreme Court of the United States hasheld that revocation of a license to practice by state or othercourts may not automatically be relied upon by the Courts of theUnited States. Theard v. United States, 354 U.S. 278 (1957).In Theard, the Supreme Court held that while discipline imposedby a state brings title deeds of high respect, it is notconclusively binding on the federal courts, which, in substance,must satisfy themselves that the lawyer's underlying conductwarranted the discipline imposed. For that reason, if there isto be effective discipline within the federal system,appropriate procedures must be developed. These Rules areproposed to achieve that purpose.  Model Federal Rulesof Disciplinary EnforcementThe [Insert Name of Court], in furtherance of its inherentpower and responsibility to supervise the conduct of lawyers whoare admitted to practice before it, or admitted for the purposeof a particular proceeding (pro hac vice), promulgates thefollowing Rules of Disciplinary Enforcement superseding all ofits other Rules pertaining to disciplinary enforcementheretofore promulgated.Rule ILawyers Convicted of Crimes.A.Upon the filing with this Court of a certified copy ofa judgment of conviction demonstrating that any lawyer admittedto practice before the Court has been convicted in any Court ofthe United States, or the District of Columbia, or of any state,territory, commonwealth or possession of the United States of aserious crime as hereinafter defined, the Court shall enter anorder immediately suspending that lawyer, whether the convictionresulted from a plea of guilty or nolo contendere or from averdict after trial or otherwise, and regardless of the pendencyof any appeal, until final disposition of a disciplinaryproceeding to be commenced upon such conviction. A copy of suchorder shall immediately be served upon the lawyer. Upon goodcause shown, the Court may set aside such order when it appearsin the interest of justice so to do.B.The term serious crime shall include any felony andany lesser crime a necessary element of which, as determined bythe statutory or common law definition of such crime in thejurisdiction where the judgment was entered, involvesinterference with the administration of justice, false swearing,misrepresentation, fraud, willful failure to file income taxreturns, deceit, bribery, extortion, misappropriation, theft, oran attempt or a conspiracy or solicitation of another to commita serious crime. C.A certified copy of a judgment of conviction of alawyer for any crime shall be conclusive evidence of thecommission of that crime in any disciplinary proceedinginstituted against that lawyer based upon the conviction.D.Upon the filing of a certified copy of a judgment ofconviction of a lawyer for a serious crime, the Court shall inaddition to suspending that lawyer in accordance with theprovisions of this Rule, also refer the matter to counsel forthe institution of a disciplinary proceeding before the Court in
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