Rule 2-42. Conduct Constituting Threat of Harm to Clients

(a) If a grievance panel, a reviewing committee, the Statewide Grievance Committee or the disciplinary counsel believes that a lawyer poses a substantial threat of irreparable harm to his or her clients or to prospective clients, the disciplinary counsel shall apply to the court for an order of interim suspension. The disciplinary counsel shall provide the lawyer with notice that an application for interim suspension has been filed and that a hearing will be held on such application.

(b) The court, after hearing, pending final disposition of the disciplinary proceeding, may, if it finds that the lawyer poses a substantial threat of irreparable harm to his or her clients or to prospective clients, enter an order of interim suspension, or may order such other interim action as deemed appropriate. Thereafter, upon good cause shown, the court may, in the interest of justice, set aside or modify the interim suspension or other order entered pursuant hereto. Whenever the court enters an interim suspension order pursuant hereto, the court may appoint a trustee, pursuant to Section 2-64, to protect the clients' and the suspended attorney's interests.

(c) No entry fee shall be required for proceedings hereunder. Any hearings necessitated by the proceedings may, in the discretion of the court, be held in chambers.

Committee Notes

(P.B. 1978-1997, Sec. 28C.) (Amended June 24, 2002, to amended June 11, 2021, to take effect Jan. 1, 2022.)