Section 2-47B.Restrictions on the Activities of Deactivated Attorneys

Section 2-47B defines a “deactivated attorney” as one who is currently disbarred, suspended, resigned, or on inactive status, and a “supervising attorney” as an attorney approved by the court, in good standing, who was not affiliated with the deactivated attorney at the time of deactivation and did not represent that attorney in the deactivation proceeding. It defines “law-related activity” broadly to include practicing law, representing clients, negotiating or transacting on a client’s behalf, handling client trust funds, using titles like “attorney” or “Esq.,” and communicating with clients or third parties about matters the supervising attorney or firm is handling.

A deactivated attorney may not engage in law-related activity or work as a paralegal or legal assistant unless the court expressly permits it by written order. When permitted, the deactivated attorney may perform only preparatory work — legal research, assembling data, drafting transactional documents, pleadings, or briefs — or clerical assistance, and only under a supervising attorney. An attorney who knows or should know that another attorney is deactivated may not employ that person for law-related activities or as a paralegal or legal assistant without court permission.

A deactivated attorney may not work on matters for any client the deactivated attorney previously represented, or provided legal services to, within the ten years before deactivation; the supervising attorney or firm is likewise barred from taking on such a client’s matter during the deactivated attorney’s employment. Becoming a supervising attorney requires filing a written application with the court in the docket of the deactivation matter, served on the Office of the Chief Disciplinary Counsel, which is assigned to the same judge who handled the deactivation (or another judge if unavailable) and set for a hearing on whether to permit the activities, appoint the supervising attorney, and impose any additional conditions. If the supervising relationship ends, the supervising attorney must notify the court in writing within fifteen days, with a copy to the Office of the Chief Disciplinary Counsel. Violating this section is treated as a violation of Rule 8.4 (4) of the Rules of Professional Conduct, and both the supervising attorney and the deactivated attorney must certify compliance with the section in any reinstatement application.