7.
I have also been admitted to practice in the following courts or jurisdictions:
_________________.
- OR -
I attest that I have not been admitted to practice in any other courts or jurisdictions.
8.
I am the subject of disciplinary charges pending before this Court in this proceeding, as
set forth in the petition dated [date]. I acknowledge that the charges include at least the
following acts of professional misconduct: __________________________________________.
- OR -
I am currently the subject of an investigation conducted by the [name of applicable Committee]
involving allegations of professional misconduct on my part. I acknowledge that the allegations
include at least the following acts of professional misconduct:
__________________________________________.
9.
I attest that I cannot successfully defend against the [charges -or- allegations] based upon
the facts and circumstances of my professional conduct as described herein.
10.
My resignation is freely and voluntarily rendered, without coercion or duress by anyone,
and with full awareness of the consequences, including that the Court's acceptance and approval
shall result in the entry of an order of disbarment striking my name from the roll of attorneys and
counselors-at-law.
11.
I hereby consent to the entry of an order by the Court, pursuant to Judiciary Law § 90 (6-
a), directing (1) that I make monetary restitution to the following persons in the amounts
indicated: [state the name of each person whose money or property was willfully
misappropriated or misapplied, and specify the value of such money or property], and (2) that I
reimburse the Lawyers' Fund for Client Protection the sum of [specify dollar amount].
- OR -
I attest that the [proceeding -or- investigation] does not include [charges -or- allegations] that I
willfully misappropriated or misapplied money or property in the practice of law.
12.
This resignation is submitted subject to any future application that may be made by a
Committee to any Department of the Appellate Division for an order, pursuant to Judiciary Law
§ 90 (6-a), directing that I make restitution or reimburse the Lawyers' Fund for Client Protection,
and I consent to the continuing jurisdiction of the Appellate Division to make such an order.
13.
I acknowledge and agree that pending issuance of an order accepting this resignation, I
shall not undertake to represent any new clients or accept any retainers for future legal services
to be rendered and that there will be no transactional activity in any fiduciary account to which I
have access, other than for payment of funds held therein on behalf of clients or others entitled to
receive them.
14.
I understand further that, in the event the Court accepts my resignation, the order
resulting from this application and the records and documents filed in relation to the
aforementioned [charges -or- allegations], including this affidavit, shall be deemed public
records pursuant to Judiciary Law § 90 (10).