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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 26. Abatement Or Modification Of Conditions Of Discipline, Reinstatement, Or Readmission

Where the court has imposed conditions in an order of discipline or in an order of reinstatement or readmission, the lawyer may request of the court an order of abatement discharging the lawyer from the obligation to comply with the conditions, or an order modifying the conditions. The lawyer may so request either prior to or as part of lawyer's petition for reinstatement or readmission. The court may grant the request if the lawyer shows by clear and convincing evidence that the lawyer has made a timely, good faith effort to meet the condition(s) but it is impossible to fulfill the condition(s).]

Commentary
A jurisdiction adopting this Rule should also adopt the bracketed language in Rule 25(B).

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