Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter F - REINSTATEMENT AND RESUMPTION OF PRACTICE › REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS › Section 89.272 - Waiting period

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule relating to disbarment.
Enforcement Rule 218(b)
						provides that a person who has been disbarred may not apply for reinstatement
						until the expiration of at least five years from the effective date of the
						disbarment, except that a person who has been disbarred pursuant to §
												91.51 (relating to reciprocal
						discipline and disability) may apply for reinstatement at any earlier date on
						which reinstatement may be sought in the jurisdiction of initial discipline.
						Enforcement Rule 217(e)(3) and its Note, and Enforcement Rule 218(b) provide
						that after the entry of an order of disbarment, which order has been entered on
						or after February 28, 2015, the waiting period for eligibility to apply for
						reinstatement to the practice of law shall not begin until the formerly
						admitted attorney files the verified statement required by §
												91.96 (relating to proof of
						compliance); and that if the order of disbarment contains a provision that
						makes the disbarment retroactive to an earlier date, the waiting period will be
						deemed to have begun on that earlier date.
(b)
General rule relating to
						suspension for a period exceeding one year.
Enforcement Rule 217(e)(3)
						and its Note provide that after the entry of an order of suspension for a
						period exceeding one year, which order has been entered on or after February
						28, 2015, the waiting period for eligibility to apply for reinstatement to the
						practice of law shall not begin until the formerly admitted attorney files the
						verified statement required by §
												91.96 (relating to proof of
						compliance); and that if the order of suspension contains a provision that
						makes the suspension retroactive to an earlier date, the waiting period will be
						deemed to have begun on that earlier date.
(c)
Premature petitions.
Unless otherwise provided in an order of suspension or disbarment, the Board
						will not entertain a petition for reinstatement filed prior to the expiration
						of the period set forth in subsection (a), or more than nine months prior to
						the expiration of the term of suspension, as the case may be. The Board will
						also not entertain a petition for reinstatement filed before the formerly
						admitted attorney has paid in full any costs taxed under §
												89.209 (relating to expenses of
						formal proceedings) or under §
												89.278 (relating to expenses of
						reinstatement proceedings) with respect to any previous reinstatement
						proceeding and has made any required restitution to the Lawyers Fund for Client
						Security under Enforcement Rule 531 (relating to restitution a condition for
						reinstatement).
(d)
Second
						or subsequent petitions.
Where a petition for reinstatement has been
						finally denied, the Board, unless otherwise ordered by the Supreme Court in a
						specific case, will not entertain a second or subsequent petition for
						reinstatement until after the expiration of at least one year after the
						immediately preceding petition has been finally denied.