ELC 9.3
              RESIGNATION IN LIEU OF DISBARMENT


(a) Grounds.  A respondent lawyer who desires not to contest
or defend against allegations of misconduct may, at any time
before the answer in any disciplinary proceeding is due,
resign his or her membership in the Association in lieu of
further disciplinary proceedings.

(b) Process.  The respondent first notifies disciplinary
counsel that the respondent intends to submit a resignation
and asks disciplinary counsel to prepare a statement of
alleged misconduct and to provide a declaration of costs.
After receiving the statement and the declaration of costs,
if any, the respondent may resign by submitting to
disciplinary counsel a signed resignation, sworn to or
affirmed under oath and notarized, that:

  (1) includes disciplinary counsel’s statement of the
     alleged misconduct and either an admission of that
     misconduct or a statement that while not admitting the
     misconduct the respondent agrees that the Association
     could prove by a clear preponderance of the evidence
     that the respondent committed violations sufficient to
     result in respondent’s disbarment;

  (2) affirmatively acknowledges that the resignation is
     permanent including the statement:

       “I understand that my resignation is permanent
       and that any future application by me for
       reinstatement as a member of the Washington
       State Bar Association is currently barred.  If
       the Supreme Court changes this rule or an
       application is otherwise permitted in the
       future, it will be treated as an application by
       one who has been disbarred for ethical
       misconduct, and that, if I file an application,
       I will not be entitled to a reconsideration or
       reexamination of the facts, complaints,
       allegations, or instances of alleged misconduct
       on which this resignation was based.”;

  (3) assures that the respondent will:

     (A) notify all other jurisdictions in which the
         respondent is or has been admitted to practice law
         of the resignation in lieu of disbarment;

     (B) seek to resign permanently from the practice of law
         in any other jurisdiction in which the respondent
         is admitted; and

     (C) provide disciplinary counsel with copies of any of
         these notifications and any responses;


  (4) assures that the respondent will:

     (A) notify all other professional licensing agencies in
         any jurisdiction from which the respondent has a
         professional license that is predicated on the
         respondent’s admission to practice law of the
         resignation in lieu of disbarment;

     (B) seek to resign permanently from any such license;
         and

     (C) provide disciplinary counsel with copies of any of
         these notifications and any responses;

  (5) states that when applying for any employment or
     license the respondent agrees to disclose the
     resignation in lieu of disbarment in response to any
     question regarding disciplinary action or the status of
     the respondent’s license to practice law;

  (6) states that the respondent agrees to pay any
     restitution or additional costs and expenses ordered by
     the review committee, and attaches payment for costs as
     described in section (f) below, or states that the
     respondent will execute a confession of judgment or
     deed of trust as described in section (f); and

  (7) states that when the resignation becomes effective,
     the respondent will be subject to all restrictions that
     apply to a disbarred lawyer.

(c) Public Filing.  Upon receipt of a resignation meeting
the requirements set forth above, and any executed
confession of judgment or deed of trust required under
section (f), disciplinary counsel promptly causes it to be
filed with the Clerk as a public and permanent record of the
Association.

(d) Effect.  A resignation under this rule is effective upon
its filing with the Clerk.  All disciplinary proceedings
against the respondent terminate except disciplinary counsel
has the discretion to continue any investigations deemed
appropriate under the circumstances to create a record of
the respondent’s actions.  The Association immediately
notifies the Supreme Court of a resignation under this rule
and the respondent’s name is forthwith stricken from the
roll of lawyers.  Upon filing of the resignation, the
resigned respondent must comply with the same duties as a
disbarred lawyer under title 14 and comply with all
restrictions that apply to a disbarred lawyer.  Notice is
given of the resignation in lieu of disbarment under rule
3.5.

(e) Resignation is Permanent.  Resignation under this rule
is permanent.  A respondent who has resigned under this rule
will never be eligible to apply and will not be considered
for admission or reinstatement to the practice of law nor
will the respondent be eligible for admission for any
limited practice of law.

(f) Costs and Expenses.

     (A) If a respondent resigns under this rule, the
        expenses under rule 13.9(c) are $1,000 for any
        proceedings for which an answer was not due when
        the respondent notified disciplinary counsel of the
        respondent’s intent to resign under section (b).
        With the resignation, the respondent must pay this
        $1,000 expense, plus all actual costs for which
        disciplinary counsel provides documentation, up to
        an additional $1,000.  If the respondent
        demonstrates inability to pay these costs and
        expenses, instead of paying this amount, the
        respondent must execute, in disciplinary counsel’s
        discretion, a confession of judgment or a deed of
        trust for that amount.  Disciplinary counsel may
        file a claim under section (g) for costs not
        covered by the payment, confession of judgment, or
        deed of trust.

     (B) If at the time respondent serves the notice of
        intent to resign, an additional proceeding is
        pending against the respondent for which an answer
        has been filed or is due, disciplinary counsel may
        also file a claim under section (g) for costs and
        expenses for that proceeding.

(g) Review of Costs, Expenses, and Restitution.  Any claims
for restitution or for costs and expenses not resolved by
agreement between disciplinary counsel and the respondent
may be submitted at any time, including after the
resignation, to a review committee in writing for the
determination of appropriate restitution or costs and
expenses.  The Lawyers’ Fund for Client Protection may
request review including a determination by the review
committee of whether any funds were obtained by the
respondent by dishonesty of, or failure to account for money
or property entrusted to, the respondent in connection with
the respondent’s practice of law or while acting as a
fiduciary in a matter related to the respondent’s practice
of law.  The review committee’s order is not subject to
further review and is the final assessment of restitution or
costs and expenses for the purposes of rule 13.9 and may be
enforced as any other order for restitution or costs and
expenses.  The record before the review committee and the
review committee’s order is public information under rule
3.1(b).


[Adopted effective October 1, 2002.]