CHAPTER 7 - 7-9 RESIGNATION OR RETIREMENT

• Jurisdiction: United States

7-9 Resignation or Retirement

7-9:1 Retirement

An attorney not the subject of a disciplinary proceeding may file a notice of retirement.²³⁴ A retirement under Conn. Prac. Bk. §§ 2-55 is revocable, and thus the attorney must keep her registration with the Statewide Grievance Committee current.²³⁵ Lawyers who retire under this rule remain exposed to disciplinary prosecution.²³⁶ Retired lawyers may engage in offering legal services to clients pro bono.²³⁷ A lawyer who retires under this rule may file a notice of return to practice.²³⁸

An attorney may also file a permanent retirement notice.²³⁹ Attorneys who file permanent retirement notices are no longer required to maintain their attorney registrations.²⁴⁰ An attorney who files a permanent retirement notice must apply through the bar admission process if he wishes to return to practice.²⁴¹ Permanent retirement is not a bar to the initiation of a lawyer discipline complaint.²⁴²

7-9:2 Resignation During a Disciplinary Case

The Superior Court may allow an attorney who is the subject of an investigation by the Grievance Committee or a grievance panel or who is the subject of a presentment proceeding to resign.²⁴³ The resignation must include an affidavit stating that (1) he or she desires to resign and that the resignation is knowingly and voluntarily submitted, the attorney is not being subjected to coercion or duress, and is fully aware of the consequences of submitting the resignation; (2) the attorney is aware that there is currently pending an investigation or proceeding concerning allegations that he or she has been guilty of misconduct, the nature of which shall be specifically set forth in the affidavit; (3) either (A) that the material facts of the allegations of misconduct are true, or (B) if the attorney denies some or all of the material facts of the allegations of misconduct, that the attorney acknowledges that there is sufficient evidence to prove such material facts of the allegations of misconduct by clear and convincing evidence; and (4) the attorney waives the right to a hearing on the merits of the allegations of misconduct and acknowledges that the court will enter a finding that he or she has engaged in the misconduct specified in the affidavit.²⁴⁴

The practical purpose of the rule is to prevent the use of a resignation to avoid a disciplinary finding and then have the attorney apply for readmission at a later time when proving the disciplinary case might be difficult. In some cases...