Bar Rules

Rule 1-208. Resignation from Membership

Organization of the State Bar & Admissions / Part I - Creation & Organization / CHAPTER 2 MEMBERSHIP / Rule 1-208. Resignation from Membership

  1. Resignation while in good standing. A member of the State Bar in good standing may, under oath, petition the Executive Committee for leave to resign from the State Bar. Upon acceptance of such petition by the Executive Committee by majority vote, such person shall not practice law in this state nor be entitled to any privileges and benefits accorded to active members of the State Bar in good standing unless such person
    complies with part (f) or part (g) of this Rule.
  2. Resignation while delinquent or suspended for failure to pay dues or for failure to comply with continuing legal education requirements. Resignation while delinquent or suspended for failure to pay dues or for failure to comply with continuing legal education requirements:  A member of the State Bar who is delinquent or suspended (but not terminated) for failure to pay dues or failure to comply with continuing legal education requirements may, under oath, petition the Executive Committee for leave to resign from the State Bar.  Upon acceptance of such petition by the Executive Committee by majority vote, such person shall not practice law in this state nor be entitled to any privileges and benefits accorded to active members of the State Bar unless such person complies with part (f) or part (g) of this Rule.
  3. A petition for leave to resign from membership with the State Bar shall comply with the following:
    1. the petition shall be filed under oath with the Executive Director of the State Bar and shall contain a statement that there are no disciplinary actions or criminal proceedings pending against the petitioner; and
       
    2. the petition shall contain a statement as to whether the petition is being filed under part (a) or part (b) of this Rule. If the petition is being filed under part (b), the petition shall state the term of the delinquency and/or suspension for failure to pay dues or to comply with continuing legal education requirements.
  4. No petition for leave to resign shall be accepted if there are disciplinary proceedings or criminal charges pending against the member, or if the member is not in good standing for failure to pay child support obligations under Bar Rule 1-209.
  5. A petition filed under this Rule shall constitute a waiver of the confidentiality provisions of Rule 4-221(d) as to any pending disciplinary proceedings.
  6. Readmission within five years after resignation. For a period of five years after the effective date of a voluntary resignation, the member of the State Bar who has resigned pursuant to this Rule may apply for readmission to the State Bar upon completion of the following terms and conditions:
    1. payment in full of any delinquent dues, late fees and penalties  owing at the time the petition for leave to resign was accepted, and payment in full of the current dues for the year in which readmission is sought;
       
    2. payment of a readmission fee to the State Bar equal to the amount the member seeking readmission would have paid during the period of resignation if he or she had instead elected inactive status;
       
    3. for resignations while suspended for failure to comply with continuing legal education requirements under part (b) of this Rule, submission of a certificate from the Commission on Continuing Lawyer Competency declaring that the suspended member is current on all requirements for continuing legal education; and
       
    4. submission to the membership department of the State Bar of a determination of fitness from the Board to Determine Fitness of Bar Applicants. Provided the former member seeking readmission has applied to the Board to Determine Fitness of Bar Applicants before the expiration of the five year period after his or her resignation, the former member shall be readmitted upon submitting a determination of fitness even if the five year period has expired.
  7. Readmission after five years. After the expiration of five years from the effective date of a voluntary resignation, the former member must comply with the Rules governing admission to the practice of law in Georgia as adopted by the Supreme Court of Georgia.

 



GO TO Rule 1-207. Change of Address
GO TO Rule 1-209. Failure to Pay Child Support Obligations
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