Opinion Number: 2022-03 – Rule Number: 5.245, 5.27, 5.28

Question: Attorney was just suspended pursuant to Rule 5.245 for failure to pay taxes or failure to file tax returns. May Attorney continue to practice while seeking reinstatement?

Answer: While Rule 5.28(k)(2) provides that reinstatement is retroactive for lawyers suspended pursuant to Rule 5.245 for three years or less who are reinstated under 5.28(j), Attorney must still comply with Rule 5.27 on the procedure following a suspension order while seeking such reinstatement. Attorney may not continue to practice law while suspended.