ELC 11.9 BRIEFS FOR REVIEWS NOT INVOLVING SUSPENSION OR DISBARMENT RECOMMENDATION (a) Caption of Briefs. The parties should caption briefs as follows: [Name of Party] Brief in Opposition to Hearing [Officer’s] [Panel’s] Decision [Name of Party] Response [Name of Party] Reply (b) Brief in Opposition. (1) The party seeking review must file a brief in opposition to the Decision within 20 days of the later of: (A) service on the respondent lawyer of a copy of the transcript, unless the parties have agreed that no transcript is necessary; or (B) filing of the notice of appeal. (2) Failure to file a brief within the required period constitutes an abandonment of the appeal. (c) Response. The opposing party has 15 days from service of the statement of the party seeking review to file a brief responding to the issues raised on appeal. (d) Reply. The party seeking review may file a reply to the response within ten days of service of the response. (e) Procedure when Both Parties Seek Review or When No Two Panel Members Can Agree. When both parties file notices of appeal under rule 11.2(b)(3)(A) or when no two panel members are able to agree on a Decision, the respondent is considered the party seeking review and disciplinary counsel is considered the opposing party. In that case, disciplinary counsel’s response may raise any issue for Board review, and the respondent has an additional five days to file the reply permitted by section (d). [Adopted effective October 1, 2002.]
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