Section 2-52.Resignation and Waiver of Attorney Facing Disciplinary Investigation

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis rule lets a Connecticut attorney under disciplinary investigation resign from the bar, with or without giving up the right to seek readmission later, through a written resignation and affidavit process the court must accept after a hearing.

Full Text of Section 2-52

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(a) The Superior Court may, under the procedure provided herein, permit an attorney to submit his or her resignation from the bar with or without the waiver of right to apply for readmission to the bar at any time in the future if the attorney’s conduct is the subject of an investigation or proceeding by a grievance panel, a reviewing committee, the Statewide Grievance Committee, the disciplinary counsel or the court.

(b) Concurrently with the written resignation, the attorney shall submit an affidavit stating the following:

(1) that he or she desires to resign and that the resignation is knowingly and voluntarily submitted, the attorney is not being subjected to coercion or duress, and is fully aware of the consequences of submitting the resignation;

(2) the attorney is aware that there is currently pending an investigation or proceeding concerning allegations that he or she has been guilty of misconduct, the nature of which shall be specifically set forth in the affidavit;

(3) either (A) that the material facts of the allegations of misconduct are true, or (B) if the attorney denies some or all of the material facts of the allegations of misconduct, that the attorney acknowledges that there is sufficient evidence to prove such material facts of the allegations of misconduct by clear and convincing evidence;

(4) the attorney waives the right to a hearing on the merits of the allegations of misconduct, as provided by these rules, and acknowledges that the court will enter a finding that he or she has engaged in the misconduct specified in the affidavit concurrently with the acceptance of the resignation.

(c) If the written resignation is accompanied by a waiver of the right to apply for readmission to the bar, the affidavit required in (b) shall also state that the attorney desires to resign and waive his or her right to apply for readmission to the bar at any time in the future.

(d) Any resignation submitted in accordance with this section shall be in writing, signed by the attorney, and filed in sextuplicate with the clerk of the Superior Court in the judicial district in which the attorney resides, or if the attorney is not a resident of this state, with the clerk of the Superior Court in Hartford. The clerk shall forthwith send one copy to the grievance panel, one copy to the statewide bar counsel, one copy to disciplinary counsel, one copy to the state’s attorney, one copy to the standing committee on recommendations for admission to the bar, and one copy to all complainants whose grievance complaints filed against the attorney in Connecticut resulted in the submission. Such resignation shall not become effective until accepted by the court after a hearing, at which the court has accepted a report by the Statewide Grievance Committee, made a finding of misconduct based upon the respondent’s affidavit, and made a finding that the resignation is knowingly and voluntarily made. With the exception of the statewide bar counsel and disciplinary counsel, no person or entity who, pursuant to this subsection, receives a copy of a resignation shall have the right to participate in the hearing required by this subsection.

(e) Acceptance by the court of an attorney’s resignation from the bar without the waiver of the right to apply for readmission to the bar at any time in the future shall not be a bar to any other disciplinary proceedings based on conduct occurring before or after the acceptance of the attorney’s resignation.

End

Amendment History

(P.B. 1978-1997, Sec. 35.) (Amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004; amended June 20, 2005, to take effect Jan. 1, 2006; amended June 29, 2007, to take effect Jan. 1, 2008; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 15, 2018, to take effect Jan. 1, 2019.)

Plain-English Summary

Section 2-52 sets the procedure for an attorney who wants to resign while facing a grievance investigation or proceeding. The Superior Court may permit the resignation, and the attorney can choose whether to also waive the right to ever apply for readmission. Along with the written resignation, the attorney must file an affidavit swearing that the resignation is voluntary and not the product of coercion, describing the pending misconduct allegations, and either admitting the material facts or acknowledging that there's clear and convincing evidence to prove them. The affidavit must also state that the attorney waives a hearing on the merits and understands the court will enter a finding of misconduct when it accepts the resignation. If the attorney is also waiving the right to seek readmission, the affidavit must say so.

The resignation must be signed, filed in six copies with the clerk of the Superior Court in the attorney's home judicial district (or Hartford, if the attorney lives out of state), and distributed to the grievance panel, statewide bar counsel, disciplinary counsel, the state's attorney, the standing committee on bar admissions, and every complainant whose complaint led to the resignation. It doesn't take effect until the court accepts a Statewide Grievance Committee report, makes a finding of misconduct based on the affidavit, and finds the resignation knowing and voluntary at a hearing — a hearing that only statewide bar counsel and disciplinary counsel, among those who received copies, may participate in. Resigning without waiving the right to reapply doesn't shield the attorney from other discipline based on conduct before or after the resignation.

Frequently Asked Questions

Can a Connecticut attorney resign instead of facing a disciplinary hearing?

Yes. Under Section 2-52 the Superior Court may permit an attorney under investigation to resign, with or without waiving the right to apply for readmission later.

What must the affidavit accompanying a resignation say?

It must state that the resignation is voluntary, describe the pending misconduct allegations, address the truth of the material facts (or acknowledge clear and convincing evidence of them), and confirm the attorney waives a hearing on the merits.

Does resigning under investigation stop future discipline?

No. Acceptance of a resignation without a waiver of the right to reapply doesn’t bar other disciplinary proceedings based on conduct occurring before or after the resignation.

Who gets notified when an attorney resigns under this rule?

The clerk sends copies to the grievance panel, statewide bar counsel, disciplinary counsel, the state’s attorney, the standing committee on bar admissions, and every complainant whose complaint against the attorney resulted in the resignation.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 2-52). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

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