Ethics Forum: Questions and Answers on Professional Responsibility
I saw a proposed rule about resignation by a lawyer. I am not sure what that means, and why would anyone ever use that? There is a proposal for a rule change involving permanent resignation. I thought a resignation was a disbarment by consent. Am I wrong?
May 28, 2020 at 01:27 PM
10 minute read
The best practice is to always keep one's law license active, even if the lawyer wants to retire or slow down.
I saw a proposed rule about resignation by a lawyer. I am not sure what that means, and why would anyone ever use that? There is a proposal for a rule change involving permanent resignation. I thought a resignation was a disbarment by consent. Am I wrong?
Samuel C. Stretton.
You are wrong. Sometimes the language gets confusing. The practicing lawyer who is facing discipline can reach a consent decree with The Office of Disciplinary Counsel. It used to be one could only reach an agreement for disbarment by consent. But 10 or 15 years ago, the Disciplinary Board changed the rules to allow The Office of Disciplinary Counsel and the respondent's lawyer to negotiate lesser forms of discipline. Now, one can have a consent decree for a reprimand or suspension, etc.
When a lawyer reached an agreement or consent agreement for disbarment, it was sometimes called a resignation. In essence, a resignation or admission of guilt and the resulting discipline, if agreed to by the Pennsylvania Supreme Court, was really disbarment by consent. That choice of words was not really written in the rules, but was unfortunately used.
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