Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter A - PRELIMINARY PROVISIONS › Rule 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
Subject to additional definitions contained in
					 subsequent provisions of these rules which are applicable to specific
					 provisions of these rules, the following words and phrases when used in these
					 rules shall have, unless the context clearly indicates otherwise, the meanings
					 given to them in this rule:
Absent attorney
-An attorney or formerly
						admitted attorney for whom a conservator has been sought or appointed under
						these rules.
Administrative office
-The
						Administrative Office of Pennsylvania Courts.
Administrative suspension
-Status of an
						attorney, after Court order, who: failed to pay the annual fee and/or file the
						form required by subdivisions (a) and (d) of Enforcement Rule 219; was reported
						to the Court by the Pennsylvania Continuing Legal Education Board under Rule
						111(b), Pa.R.C.L.E., for having failed to satisfy the requirements of the
						Pennsylvania Rules for Continuing Legal Education; failed to pay any expenses
						taxed pursuant to Enforcement Rule 208(g); or failed to meet the requirements
						for maintaining a limited law license as a Limited In-House Corporate Counsel,
						a foreign legal consultant, an attorney participant in defender or legal
						services programs , a military attorney, or attorney spouse of an active-duty
						service member.
Attorney
-Includes any person subject to
						these rules.
"
Attorney participant in defender or legal
						services programs.
" An attorney holding a limited admission to
						practice under Pennsylvania Bar Admission Rule 311 (relating to limited
						admission of participants in defender or legal services programs).
Attorney Registration Office
-The
						administrative division of the Disciplinary Board which governs the annual
						registration of every attorney admitted to, or engaging in, the practice of law
						in this Commonwealth, with the exception of attorneys admitted to practice pro
						hac vice under Pa.B.A.R. 301.
"
Attorney spouse of an active-duty service
						member.
" An attorney holding a limited admission to practice under
						Pennsylvania Bar Admission Rule 304 (relating to limited admission of spouses
						of active-duty members of the United States Uniformed Services).
Board
-The Disciplinary Board of the
						Supreme Court of Pennsylvania.
Censure
-Public censure by the Supreme
						Court.
Conservator
-A conservator appointed
						under Enforcement Rule 321 (relating to appointment of conservator to protect
						interests of clients of absent attorney).
Court
-The Supreme Court of
						Pennsylvania.
"
Court Prothonotary
." The Prothonotary
						of the Supreme Court of Pennsylvania.
"
Disciplinary Counsel
."-The Chief
						Disciplinary Counsel and disciplinary counsel within the Office of Disciplinary
						Counsel .
Disciplinary Rules
-The provisions of
						the Code of Professional Responsibility as adopted by the Supreme Court of
						Pennsylvania May 20, 1970, 438 Pa. XXV, as amended from time to time by special
						order of the Court and governing lawyer conduct occurring or beginning on or
						before March 31, 1988 as well as the provisions of the Rules of Professional
						Conduct as adopted by the Supreme Court of Pennsylvania on October 16, 1987,
						Pa. , and effective on April 1, 1988, as amended from time to time by special
						order.
Enforcement Rules
-The provisions of
						these rules.
"
Experienced hearing committee
						member
."-An attorney who at the time is a member of the panel of
						hearing committee members in a disciplinary district and who has served on at
						least one hearing committee that has conducted a hearing into formal charges of
						misconduct by a respondent-attorney .
Foreign legal consultant
-A person who
						holds a current license as a foreign legal consultant issued under Rule 341 of
						the Pennsylvania Bar Admission Rules.
"Formal proceedings."
Proceedings that
						commence with the filing of a petition for discipline. A formal proceeding does
						not include any of the submissions or documents generated during an informal
						proceeding unless they are made part of the record at the formal proceeding by
						motion, by stipulation, or by admission as an exhibit during a hearing.
						Pursuant to Enforcement Rule 402(a), formal proceedings are open to the public,
						except as provided in Enforcement Rules 402(b) and 402(k).
Formerly admitted attorney
-A disbarred,
						suspended, administratively suspended, permanently resigned, retired or
						inactive attorney.
Hearing Committee
-A hearing committee
						appointed under Enforcement Rule 206 (relating to hearing committees and
						special masters).
Informal admonition
-Private informal
						admonition by Disciplinary Counsel.
"Informal proceedings."
Proceedings that
						commence with the submission of a complaint to the Office of Disciplinary
						Counsel or an investigation initiated by the Office of Disciplinary Counsel. An
						informal proceeding includes all proceedings up to the filing of a petition for
						discipline. Informal proceedings are not open to the public.
"
Legal Counsel.
" Counsel to the Board
						and Special Counsel.
"
Limited In-House Corporate Counsel.
" An
						attorney holding a limited admission to practice under Pennsylvania Bar
						Admission Rule 302 (relating to limited admission of in-house corporate
						counsel).
Military attorney
-An attorney holding a
						limited admission to practice under Pennsylvania Bar Admission Rule 303
						(relating to limited admission of military attorneys).
Petitioner-attorney
-Includes any person
						subject to these rules who has filed a petition for reinstatement to the
						practice of law.
Practice of law
-Includes the provision
						of legal services as a foreign legal consultant , military attorney, attorney
						spouse of an active-duty service member, attorney participant in defender or
						legal services programs, or pursuant to a Limited In-House Corporate Counsel
						License.
Private reprimand
-Private reprimand by
						the Board.
Probation
-Probation by the Supreme
						Court under supervision provided by the Board.
Public reprimand
-Public reprimand by
						the Board.
Respondent-attorney
-Includes any person
						subject to these rules.
"
Senior hearing committee member
."-An
						attorney who at the time is a member of the panel of hearing committee members
						in a disciplinary district and who has served either (i) as a member of the
						Board, or (ii) on at least two hearing committees that have conducted hearings
						into formal charges of misconduct by respondent-attorneys .
Special Master
- Assigned under
						Enforcement Rule 206 (relating to hearing committees and special masters),
						includes former Board members, former or retired justices or judges not on
						senior status, Special Counsel, and former senior hearing committee
						members.
Verified statement
-A document filed
						with the Board or the Court under these rules containing statements of fact and
						a statement by the signatory that it is made subject to the penalties of 4904
						(relating to unsworn falsification to authorities).
(b)
Number; tense.
In these
					 rules the singular shall include the plural, and the plural, the singular; and
					 words used in the past or present tense shall include the future.