Rule 3.25. Disbarment by consent

A lawyer who is the subject of an investigation into or a pending proceeding involving allegations of misconduct may consent to disbarment, but only by delivering to the Board an affidavit stating that he or she desires to consent to disbarment and that (1) the lawyer’s consent is freely and voluntarily given; (2) the lawyer is not being subjected to coercion or duress; (3) the lawyer is fully aware of the implications of submitting consent; (4) the lawyer is aware that there is presently pending an investigation into, or proceedings involving, allegations that there exists grounds for the lawyer’s discipline, the nature of which the lawyer shall specifically set forth; (5) the lawyer acknowledges that the material facts so alleged are true; and (6) the lawyer submits his or her consent because the lawyer knows that if the charges were predicated upon the matters under investigation, or if the proceedings were prosecuted, the lawyer could not successfully defend the charges. Upon receipt of the required affidavit, the Lawyer Disciplinary Board shall file the same with the Supreme Court of Appeals which shall enter an order disbarring the lawyer by consent. The order disbarring the lawyer by consent shall be a matter of public record, but the affidavit required under the provisions of this rule shall not be publicly disclosed or made available for use in any other proceedings except upon order of the Court.