g. Resumption of Practice of Law after Suspension

Resumption of Practice of Law after Suspension

Concept

Resumption of practice depends on the source and terms of the suspension. Where the Court of Appeals or a trial court suspends an attorney under the cited rules, the attorney cannot practice merely because time has passed: the suspension operates until further action by the Supreme Court. A suspension imposed by the Supreme Court during an investigation likewise continues until the Supreme Court lifts it. (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Rule 139-B, Sec. 16, Rule 139-B — Disbarment and Discipline of Attorneys)² (Rule 139-B, Sec. 15, Rule 139-B — Disbarment and Discipline of Attorneys)³

Governing provisions

• Rule 138, Section 28 bars an attorney suspended by the Court of Appeals or a Court of First Instance from practicing until further action of the Supreme Court. Section 29 directs the suspending court to transmit its order and supporting facts to the Supreme Court for investigation and appropriate action. (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Rule 138, Sec. 29, Rule 138 — Attorneys and Admission to Bar)⁴
• Rule 139-B, Sections 16 and 17 address suspension by the Court of Appeals or a Regional Trial Court. The Supreme Court may revoke, shorten, or extend that suspension, or disbar the attorney, as the facts warrant. (Rule 139-B, Sec. 16, Rule 139-B — Disbarment and Discipline of Attorneys)² (Rule 139-B, Sec. 17, Rule 139-B — Disbarment and Discipline of Attorneys)⁵
• Rule 139-B, Section 15 addresses a suspension ordered by the Supreme Court during a pending investigation and states that it lasts until lifted by the Supreme Court. (Rule 139-B, Sec. 15, Rule 139-B — Disbarment and Discipline of Attorneys)³

Requisites / Rules

• For a suspension ordered by the Court of Appeals or the Regional Trial Court, the suspending court must promptly transmit a certified copy of its order and a full statement of the supporting facts to the Supreme Court. (Rule 139-B, Sec. 17, Rule 139-B — Disbarment and Discipline of Attorneys)⁵
• On receipt, the Supreme Court makes a full investigation and determines whether the suspension should be revoked, shortened, or extended, or whether disbarment is warranted. The lower court’s suspension is therefore not itself the final word on the attorney’s return to practice. (Rule 139-B, Sec. 17, Rule 139-B — Disbarment and Discipline of Attorneys)⁵ (Rule 139-B, Sec. 16, Rule 139-B — Disbarment and Discipline of Attorneys)²
• For a suspension imposed by the Supreme Court while an investigation is pending, the express condition for its end is that the Supreme Court lift it. (Rule 139-B, Sec. 15, Rule 139-B — Disbarment and Discipline of Attorneys)³

Distinctions

A lower-court suspension is subject to further Supreme Court action after transmission and investigation. By contrast, Rule 139-B, Section 15 concerns a suspension that the Supreme Court itself orders during an investigation; its text expressly requires the Supreme Court to lift that suspension. Neither provision makes an attorney’s own assessment that suspension should have ended a substitute for the specified Supreme Court action. (Rule 139-B, Sec. 17, Rule 139-B — Disbarment and Discipline of Attorneys)⁵ (Rule 139-B, Sec. 15, Rule 139-B — Disbarment and Discipline of Attorneys)³

Key doctrines

The Supreme Court’s review of a lower-court suspension can change its duration or result in disbarment. Accordingly, in identifying when practice may resume, first identify which court imposed the suspension and then determine what the Supreme Court has ordered concerning it. (Rule 139-B, Sec. 17, Rule 139-B — Disbarment and Discipline of Attorneys)⁵ (Rule 139-B, Sec. 16, Rule 139-B — Disbarment and Discipline of Attorneys)²

Exceptions

The provisions allow a lower-court suspension to be revoked or shortened by the Supreme Court; they do not require the suspension to remain in force for its originally contemplated duration if the Supreme Court orders otherwise. They also permit extension or disbarment when the facts warrant. (Rule 139-B, Sec. 17, Rule 139-B — Disbarment and Discipline of Attorneys)⁵

Bar tip

Do not treat a lower-court suspension as self-terminating. State the required Supreme Court action; for a Supreme Court suspension pending investigation, look for an order lifting it. (Rule 138, Sec. 28, Rule 138 — Attorneys and Admission to Bar)¹ (Rule 139-B, Sec. 15, Rule 139-B — Disbarment and Discipline of Attorneys)³