(a) Application. An application to resign from the practice of law in this State shall be submitted in writing under oath to the Supreme Court, with a copy to Bar Counsel. The application shall state that the resignation is not being offered to avoid disciplinary action and that the attorney has no knowledge of any pending investigation, action, or proceedings in any jurisdiction involving allegations of professional misconduct by the attorney.

(b) When Attorney May Not Resign. An attorney may not resign while the attorney is the subject of a disciplinary investigation, action, or proceeding involving allegations of professional misconduct. An application to resign does not prevent or stay any disciplinary action or proceeding against the attorney.

(c) Procedure. Upon receiving a copy of the application submitted in accordance with section (a) of this Rule, Bar Counsel shall investigate the application and file a response with the Clerk of the Court.

(d) Order of the Supreme Court. Upon consideration of the application and response, the Supreme Court may enter an order, signed by the Chief Justice, or a justice of the Court designated by the Chief Justice, accepting or denying the resignation. A resignation is effective only upon entry of an order accepting it. The provisions of Rule 19-741 apply to an order under this section.

(e) Duty of Clerk. When the Court enters an order accepting an attorney's resignation, the Clerk of the Supreme Court shall strike the name of the attorney from the register of attorneys in that Court and shall certify that fact to the Trustees of the Client Protection Fund of the Bar of Maryland and the clerks of all courts in this State. The Clerk shall give any notice required by Rule 19-707 (e).

(f) Effect of Resignation. An attorney may not practice law in this State after entry of an order accepting the attorney's resignation.

(g) Motion to Vacate. On motion of Bar Counsel, the Court may vacate or modify the order if there has been intrinsic or extrinsic fraud.

Source: This Rule is derived from former Rule 16-775 (2016).