(a) Prohibition of Practice
A lawyer who has been disbarred by consent or after hearing, or who has been suspended for more than ninety (90) days, or who has been placed on disability inactive status pursuant to Rule 27 of these Rules, or who has voluntarily surrendered his or her license, shall not resume the practice of law until reinstated by order of the Disciplinary Board.

(b) Time of Reinstatement
A lawyer who has been suspended for more than ninety (90) days may not apply for reinstatement until the period of suspension has terminated. A lawyer who has been disbarred by consent or after hearing, or who has surrendered his or her license, may not apply for reinstatement until the expiration of at least five (5) years from the effective date of the disbarment or surrender of license. A lawyer on disability inactive status may apply for reinstatement pursuant to Rule 27(9) of these Rules.

(c) Petitions for Reinstatement
Petitions for reinstatement shall be filed with the Disciplinary Clerk of the Alabama State Bar and served upon the General Counsel, and shall be in the form and contain the material specified in Appendix “A” to these Rules. Upon receipt of the petition by the Disciplinary Board, a Disciplinary Hearing Officer shall promptly set the petition for a hearing. At the hearing, the petitioner shall have the burden of demonstrating by clear and convincing evidence that he or she has the moral qualifications to practice law in this State and that his or her resumption of the practice of law within the State will not be detrimental to the integrity and standing of the Bar or the administration of justice, and will not be subversive to the public interest. Proof of compliance with the provisions of Rule 26 of these Rules shall be a condition precedent to consideration of a petition for reinstatement. The Disciplinary Board shall, within seven (7) days after the hearing, issue an order granting or denying the petition.

(d) Proceedings
In all proceedings upon a petition for reinstatement, cross-examination of the petitioner's witnesses shall be conducted by the General Counsel, and evidence in opposition to the petition, if any, shall be submitted by the General Counsel.

(e) Costs
Petitions for reinstatement under this rule shall be accompanied by an advance cost deposit in an amount to be set from time to time by the Disciplinary Board to cover anticipated costs of the reinstatement proceedings.

(f) Publication of Petition
Notice that a person has applied for reinstatement may be published in a newspaper of general circulation in the city or county of residence of the petitioner or in the judicial circuit or circuits in which the petitioner last practiced, or both, inviting the public to provide any information relevant to the qualifications of the petitioner.

(g) Approval or Denial of Petition
If the petitioner is found unfit to resume the practice of law, the petition shall be denied. If the petitioner is found fit to resume the practice of law, the order of the Disciplinary Board shall reinstate him or her; provided, however, that the order may make such reinstatement conditional upon any or all of the following:
(1) Restitution (partial or complete), with or without interest, to parties harmed by the petitioner's misconduct, whether or not the obligation has been discharged in bankruptcy or by operation of law;
(2) Payment of all or part of the costs of reinstatement proceedings but not lawyer's fees;
(3) Probation or limitation upon practice as provided by Rule 8 and Rule 21 of these Rules;
(4) Appointment of a probation supervisor, monitor, or trustee or receiver;
(5) Proof of passage of the bar examination, the professional responsibility examination, or both, or any other proof of competency deemed appropriate by the Disciplinary Board;
(6) Attendance at a continuing legal education course or courses in addition to the annual mandatory continuing legal education requirement; and
(7) Any other requirement that the Disciplinary Board deems appropriate.

(h) Reapplication
No petition for reinstatement under this rule shall be filed within one year following an adverse order of the Disciplinary Board on a petition for reinstatement filed by or on behalf of the same person.

(i) Appeal
Either party may appeal the decision of the Disciplinary Board pursuant to Rule 12(f) and (g). Whether the action of the Disciplinary Board will be stayed during the appeal is within the discretion of the body considering the appeal.

(j) Notice
Upon reinstatement, the Disciplinary Board shall transmit notice of such reinstatement to all parties to whom notice of discipline, transfer to disability inactive status, or surrender of license were sent under Rule 30 of these Rules.

“Note from the reporter of decisions: The order amending Rule 28(c) and (i), effective August 1, 2000, is published in that volume of Alabama Reporter that contains Alabama cases from ____So.2d.”

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