REINSTATEMENT FOLLOWING A DEFINITE SUSPENSION
OF LESS THAN NINE MONTHS
(a) Affidavit for Reinstatement. Unless otherwise provided for in the Supreme Court's suspension order, a lawyer who has been suspended for a definite period of less than 9 months shall be reinstated to the practice of law at the end of the period of suspension by filing with the Supreme Court, and serving upon disciplinary counsel and the Commission on Lawyer Conduct, an affidavit stating that the lawyer:
(1) is in good standing with the Commission on Continuing Legal Education and Specialization with regard to mandatory continuing legal education requirements, and the lawyer has no outstanding license fees due to the South Carolina Bar;
(2) has fully complied with the requirements of the suspension order;
(3) has completed the Legal Ethics and Practice Program Ethics School within the preceding year or the lawyer certifies he or she will enroll in and complete the next available Legal Ethics and Practice Program Ethics School; and
(4) has paid any required fees and costs, including payment of necessary expenses and compensation approved by the Supreme Court to the receiver or the attorney appointed to assist the receiver pursuant to Rule 31, RLDE, to protect the interests of the lawyer's clients for necessary expenses, or to the Lawyers' Fund for Client Protection if the Fund has paid the attorney appointed to assist the receiver under Rule 31(g), RLDE.
(b) Pending Disciplinary Investigations. The lawyer must also provide a statement from disciplinary counsel stating whether any disciplinary investigations are currently pending against the lawyer. If a disciplinary investigation is currently pending against the lawyer, the Supreme Court shall give disciplinary counsel an opportunity to oppose the lawyer's reinstatement pending the conclusion of that investigation. For the purposes of meeting this requirement, a lawyer who files a petition for reinstatement under this rule waives the confidentiality provisions of Rule 12 concerning any pending investigations.
(c) Additional Requirements for Criminal Convictions. If suspended for conduct resulting in a criminal conviction and sentence, the lawyer must also successfully complete all conditions of the sentence, including, but not limited to, any period of probation or parole. In such a case, the lawyer must attach to the affidavit documentation demonstrating compliance with this provision.
(d) Proof of Service; Filing Fee. The affidavit filed with the Supreme Court shall be accompanied by proof of service on disciplinary counsel and the Commission on Lawyer Conduct and a filing fee of $200.
(e) Order Granting Petition. When all preconditions set out in this rule are met, the Court shall issue an order of reinstatement. The order shall be public.
Last amended by Order dated October 23, 2019.