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November 1, 2013
Bar disciplinary rules clarified

Clarifying that some suspended lawyers must pass the bar exam before applying for readmission and clarifying that disciplinary license revocations are public record are among rule changes presented to the Bar Board of Governors at its October 4 meeting.

Disciplinary Procedure Committee Chair Jay Cohen presented five rule amendments on first reading to the board.

The amendment to Rule 3-7.10 clarifies that a suspended lawyer who has been ineligible for five or more years and is seeking reinstatement to the Bar must provide proof of passing the bar exam (both the state and MPRE sections) with the petition for reinstatement. Cohen said some applicants file for reinstatement without that certification, which requires the referee considering the case to stay the process while the applicant either provides the proof or takes the bar exam.

The amendment to Rule 3-7.1 clarifies that a disciplinary license revocation is a public record.

Other amendments include:

* Amending Rule 5-1.2 to further protect trust account records when a law firm is sold or dissolved.

* Amending Rules 3-7.6 and 3-7.11 to specify that respondents in grievance cases may be required to be deposed at a Bar branch office. Cohen said that could save considerable travel time and costs for Bar counsels in grievance cases.

[Revised: 03-13-2014]