(a) Grounds for Suspension
On petition of the General Counsel, supported by an affidavit demonstrating facts personally known to the affiant, showing that a lawyer has been convicted of a serious crime, as defined in Rule 8 of these Rules, or that the lawyer's continuing conduct is causing, or is likely to cause, immediate and serious injury to a client or to the public, or showing that grounds for summary suspension as defined in Rule 8(e) exist, the Disciplinary Commission may issue an order temporarily suspending the lawyer. General Counsel shall immediately file with the Alabama Supreme Court a copy of the order.
(b) Effect of Interim Suspension or Summary Suspension
An order suspending a lawyer under this rule immediately suspends his or her right to practice as of the effective date stated in the order. Simultaneously with the issuance of the suspension order, a trustee may be appointed pursuant to Rule 29 of these Rules to protect the interest of the lawyer and his or her clients.
(c) Termination of Interim or Summary Suspension
A suspension must be terminated by the Disciplinary Commission: (1) Upon reversal or vacation of the judgment of conviction that gave rise to the suspension;
(2) Upon the effective date of the order of final discipline;
(3) Upon transfer to disability inactive status;
(4) Upon dissolution of the order of suspension by the Disciplinary Board,
the Disciplinary Commission, the Board of Disciplinary Appeals, or the Alabama Supreme Court; or
(5) In the case of an interim suspension, upon failure of the General Counsel to file formal charges within twenty-eight (28) days after the date of interim suspension.
(d) Dissolution or Amendment of Interim Suspension or Summary Suspension
The lawyer may request dissolution or amendment of an order of interim suspension or summary suspension by filing a petition with the Disciplinary Board, a copy of which petition shall be served on the General Counsel. The petition shall be set for hearing before the Disciplinary Board within seven (7) days of its filing. The Disciplinary Board shall decide the petition with the utmost speed consistent with due process. The Disciplinary Board may modify the order of suspension, if appropriate, and continue such provisions of that order as may be appropriate until final disposition of all disciplinary charges against the lawyer. An appeal may be taken from decisions of the Disciplinary Board as provided in Rule 12(f) and (g); however, the suspension will not be stayed during the appeal process.
(e) Surrender of License
A lawyer who is suspended by action of the Disciplinary Commission pursuant to this rule shall promptly surrender his or her license to the Secretary of the Alabama State Bar within ten (10) days after issuance of the order of suspension.
(f) Notice to Clients and Court
A lawyer suspended pursuant to this rule shall immediately provide notices as required by Rule 26 of these Rules.
(g) Trust Accounts
An order of suspension pursuant to this rule, when served on a bank maintaining a trust account for the suspended lawyer, shall prevent the bank from making further payments from that account.
(h) Advertising
A lawyer suspended under this rule shall, to the extent possible, immediately cancel and cease any advertising activities in which the lawyer is engaged.
“Note from the reporter of decisions: The order amending Rule 20, effective August 1, 2000, is published in that volume of Alabama Reporter that contains Alabama cases from ____So.2d.”
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