(1) That the consent is freely and voluntarily rendered, that the attorney is not being subjected to coercion or duress, and that the attorney is fully aware of the implication of consenting to disbarment;
(2) That the attorney is aware that there is currently pending an investigation into, or a proceeding involving, allegations of misconduct, the nature of which shall be specifically set forth in the affidavit;
(3) That the attorney acknowledges that the material facts upon which the allegations of misconduct are predicated are true; and
(4) That the attorney submits the consent because the attorney knows that if disciplinary proceedings based on the alleged misconduct were brought, the attorney could not successfully defend against them.
(b) Action by the Board and the Court. Upon receipt of
the required affidavit, Disciplinary Counsel shall file it and any
related papers with the Board for its review and approval. Upon such
approval, the Board shall promptly file it with the Court. The Court
thereafter may enter an order disbarring the attorney on consent.
(c) Access to records of disbarment by consent. The order
disbarring an attorney on consent shall be a matter of public record.
However, the affidavit required under subsection (a) of this section
shall not be publicly disclosed or made available for use in any other
proceeding except by order of the Court or upon written consent of the
attorney.