Employment of a disbarred or suspended lawyer in any capacity that would place that individual in a law office, law library, or other setting creating the impression that the licensed lawyer is permitting the disbarred or suspended or otherwise giving the appearance of aiding that person to subvert the action of the Disciplinary Board is unethical and prohibited.

References: MCPR Canons 1 and 9, DR 3-101(A); C-211.

If research, preparation and organization of an article on a legal topic is the "practice of law," then a lawyer's use of a disbarred lawyer for that activity would be clearly unethical conduct. The construction and application of the term "practice of Law" is a law question for the courts, and not within the jurisdiction of this Committee.

"Thus, depending upon the capabilities of the persons involved, there would seem to be no reason whey he could not be given employment in some strictly non-professionally-connected capacity such as caretaker, chauffeur-driver, in the operation and maintenance of business machines and equipment, or for the performance of other duties which would in no way permit even a suspicion that he is engaged, even remotely, in the practice of law.

"To this must be added the further caveat that there would have to be a rigid, absolute prohibition against any contact whatsoever between such party and the clientele of the employing lawyer or law firm and above all, such an employee could never be permitted to have anything to do with the practice of law which is to say that he may do nothing which he could have done as a lawyer prior to his disbarment." Emphasis added.