Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter D - ABATEMENT OF INVESTIGATION › Section 87.73 - resignation by attorneys under disciplinary investigation

Current through Register Vol. 54, No. 28, July 13, 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.