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Center for Professional Responsibility



Standing Committee on Professional Discipline

Model Rules for Lawyer Disciplinary Enforcement

II. Procedure For Disciplinary Proceedings
Rule 24. Reinstatement Following A Suspension Of Six Months Or Less

A lawyer who has been suspended for six months or less pursuant to disciplinary proceedings shall be reinstated at the end of the period of suspension by filing with the court and serving upon disciplinary counsel an affidavit stating that he or she has fully complied with the requirements of the suspension order and has paid any required fees and costs.

Commentary
Reinstatement proceedings may take months to complete. Requiring a proceeding before a lawyer can be reinstated after a suspension of six months or less would unfairly prolong the period of suspension. Consequently, reinstatement following a suspension for six months or less should be automatic upon the expiration of the prescribed period of time, a filing of an affidavit alleging compliance with the terms of the order of suspension and the payment of fees and costs.


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