December 10, 2010
We here at the Indiana Law Update sincerely hope that none of our readers ever need to apply yesterday's decision from the 7th Circuit in
In re Wick, Case No. D-10-0015 to their own practice. However, it is an interesting decision dealing with how the Court will treat a request to resign from its bar.
less..
Wick is an Illinois attorney who had been admitted to the 7th Circuit's bar. In 2009, Wick had requested to be allowed to voluntarily withdraw from the 7th Circuit's bar, but as a result of clerical error, his request was not acted on. In September 2010, the Illinois Supreme Court disbarred him and the 7th Circuit ordered him to show cause why he should not be expelled from its bar as well. Wick again renewed his request to be allowed to resign from the bar, rather than be disbarred.
The Court could find a record of only one request to be permitted to resign from its bar before Wick's, which it granted because there was no reason to suppose it involved any ethical issue. It attributed this to that it imposed no financial or other obligations upon the members of its bar.
Given that the Court has not been burdened by frequent requests to allow resignation from its bar, it did not want to leave the impression that an attorney's separation from the bar is innocent if in fact it is precipitated by the attorney's wrongdoing.
The Supreme Court of Illinois disbarred Wick in September 2010, and his disbarment precipitated our order that he show cause why he shouldn't be disbarred by our court as well. He has no reason, financial or otherwise, for wanting to resign from the bar of our court other than to avoid the sanction of another disbarment. That is a bad reason.
Thus, the Court disbarred Wick.
Lessons:
- The Seventh Circuit will not allow you to resign from its bar in order to avoid attorney discipline.
http://indianalawupdate.com/entry/7th-Circuit-Will-Not-Allow-You-to-Resign-from-Its-Bar-to-Avoid-Disbarment
