Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Voluntary resignation.
Enforcement Rule 215(a) provides that an attorney who is the subject of an
investigation into allegations of misconduct by the attorney may submit a
resignation, but only by delivering to Disciplinary Counsel or the Board
Prothonotary a verified statement stating that the attorney desires to resign
and that:
(1) The resignation is freely and
voluntarily rendered; the attorney is not being subjected to coercion or
duress; the attorney is fully aware of the implications of submitting the
resignation; and whether or not the attorney has consulted or followed the
advice of counsel in connection with the decision to resign.
(2) The attorney is aware that there is a
presently pending investigation into allegations that the attorney has been
guilty of misconduct the nature of which the verified statement shall
specifically set forth.
(3) The
attorney acknowledges that the material facts upon which the complaint is
predicated are true.
(4) The
resignation is being submitted because the attorney knows that if charges were
predicated upon the misconduct under investigation the attorney could not
successfully defend against them.
(5) The attorney is fully aware that the
submission of the resignation statement is irrevocable and that the attorney
can only apply for reinstatement to the practice of law pursuant to the
provisions of Enforcement Rule 218(b) and (c).
(6) The attorney is aware that pursuant to
subsection (c) of Enforcement Rule 215, the fact that the attorney has tendered
his or her resignation shall become a matter of public record immediately upon
delivery of the resignation statement to Disciplinary Counsel or the Board
Prothonotary.
(7) Upon entry of the
order disbarring the attorney on consent, the attorney will promptly comply
with the notice, withdrawal, resignation, trust accounting, and
cease-and-desist provisions of subdivisions (a), (b), (c) and (d) of
Enforcement Rule 217.
(8) After the
entry of the order disbarring the attorney on consent, the attorney will file a
verified statement of compliance as required by subdivision (e)(1) of
Enforcement Rule 217; and
(9) The
attorney is aware that the waiting period for eligibility to apply for
reinstatement to the practice of law under Enforcement Rule 218(b) shall not
begin until the attorney files the verified statement of compliance required by
Enforcement Rule 217(e)(1), and if the order of disbarment contains a provision
that makes the disbarment retroactive to an earlier date, then the waiting
period will be deemed to have begun on that earlier date.
(b)
Representation by
counsel. The verified statement under subsection (a) shall indicate
whether or not the attorney has consulted or followed the advice of counsel
(naming such counsel, if any) in connection with the decision to
resign.
(c)
Order of
disbarment. Enforcement Rule 215(b) provides that upon receipt of the
required statement, the Board Prothonotary shall file it with the Supreme Court
and the Court shall enter an order disbarring the attorney on
consent.
(d)
Confidentiality of resignation statement. Enforcement Rule
215(c) provides that the fact that the attorney has submitted a resignation
statement to Disciplinary Counsel or the Board Prothonotary for filing with the
Supreme Court shall become a matter of public record immediately upon delivery
of the resignation statement to Disciplinary Counsel or the Board Prothonotary;
the order disbarring the attorney on consent shall be a matter of public
record; and that, if the statement required by subsection (a) is submitted
before the filing and service of a petition for discipline and the filing of an
answer or the time to file an answer has expired, the statement shall not be
publicly disclosed or made available for use in any proceeding other than a
subsequent reinstatement proceeding except:
(1) upon order of the Supreme
Court;
(2) pursuant to an express
written waiver by the attorney;
(3)
upon a request of another jurisdiction for purposes of a reciprocal
disciplinary proceeding;
(4) upon a
request by the Pennsylvania Client Security Fund Board pursuant to Enforcement
Rule 521(a) (relating to cooperation with Disciplinary Board); or
(5) when the resignation is based on an order
of temporary suspension from the practice of law entered by the Court either
pursuant to Enforcement Rule 208(f) (relating to emergency temporary suspension
orders and related relief) or pursuant to Enforcement Rule 214 (relating to a
criminal proceeding).
