A. Conditional Admission to Hearing Panel Approval. A lawyer may tender a conditional admission
in exchange for a stated form of discipline. The tendered admission must be submitted to counsel
and approved or rejected by the hearing panel, subject to final approval or rejection by the court if
the stated form of discipline includes disbarment or suspension. If the stated form of discipline is
rejected by the hearing panel, the admission must be withdrawn and cannot be used against the
lawyer in any subsequent proceedings. After approval by the hearing panel of the proposed discipline
and, if required, by the court, the final order of discipline must be entered in accordance with the
conditional admission tendered.
B. Stipulation of Consent. A lawyer who consents to a stated form of discipline, or disciplinary
counsel, shall present to the hearing panel aAny disciplinary matter may be resolved by stipulation
at any time after investigation and an opportunity for any complainant to have been heard. The
stipulation must set forth the stated form of discipline, which may include terms and conditions of
probation, and any other appropriate provisions. The stipulation,must be signed by the lawyer and
disciplinary counsel, stating that the lawyer desires to consent to the discipline and that:
(1) Consent is freely and voluntarily rendered; there is no coercion or duress; the lawyer is fully
aware of the implications of the consent;
(2) The lawyer is aware that there is presently pending an investigation into, or a proceeding
involving, allegations that grounds for discipline exist, the nature of which must be specifically set
(3) The lawyer acknowledges that the material facts are true; and
(4) The lawyer knows that the charges cannot be successfully defended.; and
(5) The lawyer waives procedural rights that may be available in the absence of the stipulation,
including as appropriate the right to a complaint specifying the allegations of misconduct, the right
to answer the allegations in writing, the right to have the allegations reviewed by the inquiry
committee, the right to a formal petition for discipline, the opportunity to answer the petition for
discipline, and the right to defend against the petition for discipline in a disciplinary hearing before
a hearing panel.
C. Form. A stipulation must:
(1) provide sufficient detail regarding the particular acts or omissions of the lawyer to permit the
entity considering the stipulation to form an opinion regarding the propriety of the proposed
resolution and, if approved, to ensure the stipulation is useful in any subsequent disciplinary
proceeding against the lawyer;
(2) set forth the lawyer’s prior disciplinary record or its absence; and
(3) fix the amount of costs and expenses to be paid by the lawyer.
C. Order of DisciplineD. Approval of Stipulation.
(1) Approval by inquiry committee. If the discipline by consentcomplaint is under consideration by
the inquiry committee, and the proposed sanction is a reprimandan admonition or consent probation,
or a combination of both, the hearing panel shall enter the order. In all other instances in which
proposed discipline has been consented to and approved, the court shall enter the order disciplining
the lawyer on consent. The stipulation may be sealed only by order of the court stipulation may be
approved or rejected by the committee as a whole or the chair may expedite consideration of the
stipulation by appointing a three-member panel of not more than two lawyer members and at least
one public member to approve or reject the stipulation.
(2) Approval by disciplinary board. If the proposed sanction is a reprimand, suspension, or
disbarment, the chair of the board shall appoint a three-member panel of not more than two lawyer
members and at least on public member to approve or reject the stipulation. Approval may be
granted at any point before entry of an order or recommendation by the hearing panel under Rule
3.1F. If the proposed sanction is a reprimand by the court, suspension, or disbarment, the approval
must be in the form of a recommendation to the court in the manner specified in Rule 3.1F(2).
(3) Approval by the court. All stipulations agreeing to a reprimand by the court, suspension, or
disbarment must be submitted to the court. Following review in the manner specified in Rule
3.1F(2), the court shall enter the order regarding the stipulation. The stipulation may be sealed only
by order of the court.
E. Stipulation rejected. An order rejecting a stipulation must state the reasons for the rejection. A
rejected stipulation has no force or effect and neither it nor the fact of its rejection is admissible in
evidence in any disciplinary, civil, or criminal proceeding. F. Failure to comply. A lawyer’s failure to comply with the terms of an approved stipulation may be
grounds for discipline.
Rule 4.2 was adopted effective January 1, 1995; amended effective July 1, 1999; _____________.
Section A was amended effective ____________ to relate to submission of a conditional admission
to a hearing panel.
Section B was amended effective ____________ to provide for resolution of a disciplinary matter
by stipulation at any time after investigation and an opportunity for any complainant to have been
heard and to describe the elements of the stipulation, including an acknowledgment by the lawyer
of the waiver of certain, described procedural rights.
New Section C was created effective ____________ to set out the contents of the stipulation.
Section C was amended effective ____________ to become new Section D and describe approval
of a stipulation by the inquiry committee, disciplinary board, or court.
New Section E was created effective ____________ to require that an order rejecting a stipulation
must state the reasons for the rejection, to provide that a rejected stipulation has no force or effect,
and to provide that the rejected stipulation is not admissible in any disciplinary, civil, or criminal
New Section F was created effective ____________ to provide that failure to comply with an
approved stipulation may be grounds for discipline.