Rule 9.20. Duties of disbarred, resigned, or suspended attorneys
Cal. Rules of Court, rule 9.20
Current text effective January 1, 2019.
#(a) Disbarment, suspension, and resignation orders
The Supreme Court may include in an order disbarring or suspending a licensee of the State Bar, or accepting his or her resignation, a direction that the licensee must, within such time limits as the Supreme Court may prescribe:
#(1) Notify all clients being represented in pending matters and any co-counsel of his or her disbarment, suspension, or resignation and his or her consequent disqualification to act as an attorney after the effective date of the disbarment, suspension, or resignation, and, in the absence of co-counsel, also notify the clients to seek legal advice elsewhere, calling attention to any urgency in seeking the substitution of another attorney or attorneys;
#(2) Deliver to all clients being represented in pending matters any papers or other property to which the clients are entitled, or notify the clients and any co-counsel of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property;
#(3) Refund any part of fees paid that have not been earned; and
#(4) Notify opposing counsel in pending litigation or, in the absence of counsel, the adverse parties of the disbarment, suspension, or resignation and consequent disqualification to act as an attorney after the effective date of the disbarment, suspension, or resignation, and file a copy of the notice with the court, agency, or tribunal before which the litigation is pending for inclusion in the respective file or files.
(Subd (a) amended effective January 1, 2019; previously amended effective December 1, 1990, and January 1, 2007.)
#(b) Notices to clients, co-counsel, opposing counsel, and adverse parties
All notices required by an order of the Supreme Court or the State Bar Court under this rule must be given by registered or certified mail, return receipt requested, and must contain an address where communications may be directed to the disbarred, suspended, or resigned licensee.
(Subd (b) amended effective January 1, 2019; previously amended effective December 1, 1990, and January 1, 2007.)
#(c) Filing proof of compliance
Within such time as the order may prescribe after the effective date of the licensee's disbarment, suspension, or resignation, the licensee must file with the Clerk of the State Bar Court an affidavit showing that he or she has fully complied with those provisions of the order entered under this rule. The affidavit must also specify an address where communications may be directed to the disbarred, suspended, or resigned licensee.
(Subd (c) amended effective January 1, 2019; previously amended effective December 1, 1990, and January 1, 2007.)
#(d) Sanctions for failure to comply
A disbarred or resigned licensee's willful failure to comply with the provisions of this rule is a ground for denying his or her application for reinstatement or readmission. A suspended licensee's willful failure to comply with the provisions of this rule is a cause for disbarment or suspension and for revocation of any pending probation. Additionally, such failure may be punished as a contempt or a crime.
(Subd (d) amended effective January 1, 2019; previously amended effective January 1, 2007; previously relettered and amended effective December 1, 1990.)
#History
Rule 9.20 amended effective January 1, 2019; previously amended and renumbered effective January 1, 2007; adopted as rule 955 effective April 4, 1973; previously amended effective December 1, 1990.
What this rule requires
Filing Timing and Cure Windows
The licensee must file the affidavit after the effective date of disbarment, suspension, or resignation within the time prescribed by the order.
The rule's wording
Within such time as the order may prescribe after the effective date of the licensee's disbarment, suspension, or resignation, the licensee must file with the Clerk of the State Bar Court an affidavit showing that he or she has fully complied with those provisions of the order entered under this rule. The affidavit must also specify an address where communications may be directed to the disbarred, suspended, or resigned licensee.
Service and Proof of Service Rules
Notices required by a Supreme Court or State Bar Court order under this rule must be sent by registered or certified mail with return receipt requested.
The rule's wording
All notices required by an order of the Supreme Court or the State Bar Court under this rule must be given by registered or certified mail, return receipt requested, and must contain an address where communications may be directed to the disbarred, suspended, or resigned licensee.
Document Filing Requirements
If the Supreme Court directs this in a disbarment, suspension, or resignation order, the licensee must give the specified notice within the time limits prescribed by the Court.
The rule's wording
(1) Notify all clients being represented in pending matters and any co-counsel of his or her disbarment, suspension, or resignation and his or her consequent disqualification to act as an attorney after the effective date of the disbarment, suspension, or resignation, and, in the absence of co-counsel, also notify the clients to seek legal advice elsewhere, calling attention to any urgency in seeking the substitution of another attorney or attorneys;
(2) Deliver to all clients being represented in pending matters any papers or other property to which the clients are entitled, or notify the clients and any co-counsel of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property;
If the Supreme Court directs this in a disbarment, suspension, or resignation order, the licensee must give the specified notice within the Court’s prescribed time limits.
The rule's wording
(4) Notify opposing counsel in pending litigation or, in the absence of counsel, the adverse parties of the disbarment, suspension, or resignation and consequent disqualification to act as an attorney after the effective date of the disbarment, suspension, or resignation, and file a copy of the notice with the court, agency, or tribunal before which the litigation is pending for inclusion in the respective file or files.
Each notice required by a Supreme Court or State Bar Court order under this rule must include an address where communications may be directed to the licensee.
The rule's wording
All notices required by an order of the Supreme Court or the State Bar Court under this rule must be given by registered or certified mail, return receipt requested, and must contain an address where communications may be directed to the disbarred, suspended, or resigned licensee.
After the effective date of disbarment, suspension, or resignation, the licensee must file the compliance affidavit with the Clerk of the State Bar Court within the time prescribed by the order, and the affidavit must include a communications address.
The rule's wording
Within such time as the order may prescribe after the effective date of the licensee's disbarment, suspension, or resignation, the licensee must file with the Clerk of the State Bar Court an affidavit showing that he or she has fully complied with those provisions of the order entered under this rule. The affidavit must also specify an address where communications may be directed to the disbarred, suspended, or resigned licensee.
Official text: courts.ca.gov , checked October 19, 2026.