CHAPTER 7 - 7-10 INACTIVE STATUS

• Jurisdiction: United States

7-10 Inactive Status

If an attorney is declared incapable of managing his or her affairs, or is committed involuntarily to a mental hospital for substance abuse or mental health issues, a petition may be brought to place the attorney on inactive status.²⁴⁸ If here has been no prior determination of incompetency or commitment but a grievance panel, the Grievance Committee or Disciplinary Counsel have reason to believe that an attorney is incapacitated from the practice of law because of mental infirmity or illness or substance abuse, a petition for inactive status may be brought to the superior court.²⁴⁹

Inactive status proceedings may also be initiated by a respondent attorney during a disciplinary proceeding if the attorney claims not to be able to adequately defend the proceedings because of mental infirmity or illness or substance abuse.²⁵⁰ If an attorney is placed on inactive status, the attorney is precluded from practicing law.²⁵¹ The court may appoint a trustee to protect the interests of the attorney's clients.²⁵² Placing an attorney on inactive status stays any pending disciplinary proceedings.²⁵³

An attorney wishing to return to active practice after a period of inactive status bears the burden of proof that the attorney has regained or recovered sufficiently to practice.²⁵⁴

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Notes:

^[248] Conn. Prac. Bk. § 2-57.

^[249] Conn. Prac. Bk. § 2-58.

^[250] Conn. Prac. Bk. § 2-59.

^[251] Conn. Prac. Bk. §§ 2-47B, 2-56.

^[252] Conn. Prac. Bk. § 2-64.

^[253] Conn. Prac. Bk. § 2-58(a).

^[254] Conn. Prac. Bk. § 2-61.