Rule 242.32 - Lawyer's Required Actions After Disbarment, Disciplinary or Nondisciplinary Suspension, or Resignation(a) Applicability. (1) Lawyers Subject. The duties listed in this section 242.32 apply to lawyers when they become subject to: (A) A final decision assigning a sanction of disbarment or suspension, unless fully stayed, under C.R.C.P. 242.31 or C.R.C.P. 242.21;(B) An order approving a stipulation to disbarment or suspension, unless fully stayed, under C.R.C.P. 242.19;(C) An order imposing an interim or a nondisciplinary suspension under C.R.C.P. 242.22 through C.R.C.P. 242.24; or(D) An order permitting a lawyer to resign under C.R.C.P. 227(A)(8).(2) Effect of Pending Appeals and Motions for Stay. A lawyer is not normally exempted from the duties listed in this section 242.32 during an appeal of a final decision or order. But the period for the lawyer to comply with the duties listed in this section stops running upon the filing of a motion for post-hearing relief under C.R.C.P. 59 or the filing of a motion for stay pending appeal under C.R.C.P. 242.35. If a motion for post-hearing relief is denied, the lawyer must complete the duties set forth in this section within 14 days of the denial. If a motion for stay is denied, the lawyer must complete the duties within 14 days of the denial unless, during that 14-day period, the lawyer files a motion for stay with the supreme court, in which case the period for the lawyer to comply with the duties listed in this section stops running while the motion is pending. If the supreme court denies the motion for stay, the lawyer must complete the duties within 14 days of the denial.(b) Winding Up Affairs. After the entry of a final decision or other order listed in subsection (a)(1) above, the lawyer may not accept any new case, legal matter, or offer of employment as a lawyer. During any period between the entry of such a decision or order and the date the sanction takes effect, the lawyer may wind up or conclude any matters that were pending as of the decision's or order's entry, provided that the lawyer complies with Colo. RPC 1.4. On or before the date the sanction takes effect, the lawyer must surrender to each client any documents and property to which the client is entitled.(c) Notice to Current Clients. (1) A lawyer subject to this section 242.32 must, no later than 14 days after entry of the final decision or order identified in subsection (a)(1) above, send to each client whom the lawyer represents in a matter pending as of the entry of the final decision or order the following:(A) A copy of the final decision or order identified in subsection (a)(1) above;(B) Notice of the sanction imposed and the lawyer's inability to continue the representation after the date the sanction takes effect; and(C) Notice of the client's need to seek any desired legal services from another lawyer and any right to seek appointment of counsel.(2) The lawyer must maintain records showing that the lawyer sent the notices required under subsection (c)(1) above and written confirmation that each client received notice. If the lawyer is unable to obtain written confirmation that a client received notice, the lawyer must maintain proof that the lawyer sent notice by certified mail to the client's last-known mailing address.(d) Additional Duties in Litigation Matters. (1) A lawyer subject to this section 242.32 who represents a client before a tribunal in a pending matter, where there is no active co-counsel and where no substitution of counsel has been filed, must further state in the notice provided under subsection (c) above the following: (A) That the client bears the responsibility to keep the tribunal and the parties informed where service may be effected;(B) The possible adverse consequences if the client refuses to comply with all rules and orders of the tribunal;(C) Any pending deadlines or court dates; and(D) If the client is not a natural person, that it must be represented by counsel in any court proceeding unless it is a closely held entity and first complies with C.R.S. section 13-1-127.(2) A lawyer subject to this section 242.32 who represents a client before a tribunal in a pending matter must, no later than 14 days after sending a notice under subsection (1) above, notify in writing any opposing counsel of:(A) The final decision or order identified in subsection (a)(1), including any sanction imposed;(B) The lawyer's inability to continue the representation after the date the sanction takes effect; and(C) Where there is no active co-counsel and where no substitution of counsel has been filed, the client's address and, if known, the client's telephone number and email address.(3) If substitute counsel does not enter an appearance before the date the sanction takes effect, the lawyer must notify the tribunal in which the proceeding is pending of the lawyer's withdrawal.(e) Notification of Other Jurisdictions. A lawyer subject to this section 242.32 must, no later than 14 days after entry of the final decision or order identified in subsection (a)(1) above, notify every other jurisdiction in which the lawyer is admitted, certified, or otherwise authorized to practice law of the final decision or order in question and provide to the other jurisdiction a copy thereof.(f) Affidavit Filed With the Presiding Disciplinary Judge. Unless otherwise ordered, within 14 days after the date the sanction takes effect the lawyer must file an affidavit with the Presiding Disciplinary Judge and provide a copy to the Regulation Counsel. The lawyer must file an affidavit even if the lawyer does not have an active practice. The affidavit must list all pending matters in which the lawyer serves as counsel, list all clients notified under subsection (c) above, attach a copy of each such notice, and: (1) Attest whether the lawyer is in full compliance with the final decision or order in question and this section 242.32;(2) Attest whether the lawyer has notified every other jurisdiction in which the lawyer is admitted, certified, or otherwise authorized to practice law of the final decision or order in question; and(3) In the case only of lawyers subject to an order of disbarment or an order permitting a lawyer to resign under C.R.C.P. 227(A)(8), provide the lawyer's mailing address and any email address to which communications may be sent.(g) Registration Statements and Fees During Suspension. Lawyers subject to a final decision imposing a sanction of suspension unless fully stayed, an order approving a stipulation to suspension unless fully stayed, or an order imposing an interim or a nondisciplinary suspension under C.R.C.P. 242.22 through C.R.C.P. 242.24 must file a registration statement under C.R.C.P. 227 for five years after the date the sanction takes effect, or until the lawyer is reinstated. The statement must provide the lawyer's mailing address and any email address to which communications may be sent. But the lawyer need not pay the annual registration fee unless and until the lawyer is reinstated.(h) Duty to Maintain Records. A lawyer subject to this section 242.32 must maintain records of the lawyer's compliance with this section.(i) Noncompliance. Noncompliance with this section 242.32 may be grounds for additional discipline or denial of reinstatement or readmission.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.