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37 CFR 11.19 : Disciplinary jurisdiction; Jurisdiction to transfer to disability inactive status.

1 Jul 2009
§ 11.19 Disciplinary jurisdiction; Jurisdiction to transfer to disability inactive status.

(a) All engaged in practice before the ; all administratively suspended; all registered to practice before the in patent cases; all inactivated; all authorized under § 11.6(d) to take testimony; and all transferred to disability inactive status, reprimanded, suspended, or excluded from the practice of law by a duly constituted authority, including by the , are subject to the disciplinary jurisdiction of the . who have resigned shall also be subject to such jurisdiction with respect to conduct undertaken prior to the resignation and conduct in regard to any practice before the following the resignation. A not registered or recognized to practice before the is also subject to the disciplinary authority of the if the provides or offers to provide any legal services before the .

(b)Grounds for discipline; Grounds for transfer to disability inactive status. The following, whether done individually by a or in concert with any other or and whether or not done in the course of providing legal services to a client, or in a matter pending before the , constitute grounds for discipline or grounds for transfer to disability inactive status.

(1) Grounds for discipline include:

(i) Conviction of a ;

(ii) Discipline on ethical grounds imposed in another jurisdiction or disciplinary disqualification from participating in or appearing before any or agency;

(iii) Failure to comply with any order of a Court disciplining a , or any final decision of the in a disciplinary matter;

(iv) Violation of any USPTO Rule of Professional Conduct; or

(v) Violation of the oath or declaration taken by the . See § 11.8.

(2) Grounds for transfer to disability inactive status include:

(i) Being transferred to disability inactive status in another jurisdiction;

(ii) Being judicially declared incompetent, being judicially ordered to be involuntarily committed after a hearing on the grounds of insanity, incompetency or disability, or being placed by court order under guardianship or conservatorship; or

(iii) a motion requesting a disciplinary proceeding be held in abeyance because the is suffering from a disability or addiction that makes it impossible for the to adequately defend the charges in the disciplinary proceeding.

(c) Petitions to disqualify a in ex parte or inter partes matters in the are not governed by §§ 11.19 through 11.60 and will be handled on a case-by-case basis under such conditions as the deems appropriate.

(d) The may refer the existence of circumstances suggesting unauthorized practice of law to the authorities in the appropriate jurisdiction(s).

[ 73 FR 47689, Aug. 14, 2008, as amended at 78 FR 20200, Apr. 3, 2013]