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 91 - MISCELLANEOUS MATTERS › Subchapter H - FUNDS OF CLIENTS AND THIRD PERSONS; MANDATORY OVERDRAFT NOTIFICATION › Section 91.178 - Availability of required records and requirement to produce

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In general.
Enforcement
					 Rule 221(g) provides that the records required to be maintained by Pa.R.P.C.
					 1.15 shall be readily accessible to the lawyer and available for production to
					 the Pennsylvania Lawyers Fund for Client Security and the Office of
					 Disciplinary Counsel in a timely manner upon request or demand by either agency
					 made pursuant to the Enforcement Rules, these Rules, the Pennsylvania Lawyers
					 Fund for Client Security Board Rules and Regulations, agency practice, or
					 subpoena.
(b)
Request for
					 production by letter.
Enforcement Rule 221(g)(1) provides that upon a
					 request by Disciplinary Counsel under subdivision (g) of that Enforcement Rule,
					 which request may take the form of a letter to the respondent-attorney briefly
					 stating the basis for the request and identifying the type and scope of the
					 records sought to be produced, a respondent-attorney must produce the records
					 within ten business days after personal service of the letter on the
					 respondent-attorney or after the delivery of a copy of the letter to an
					 employee, agent or other responsible person at the office of the
					 respondent-attorney as determined by the address furnished by the
					 respondent-attorney in the last registration form filed by the
					 respondent-attorney pursuant to Enforcement Rule 219(c) (relating to annual
					 registration of attorneys), but if the latter method of service is unavailable,
					 within ten business days after the date of mailing a copy of the letter to the
					 last registered address or addresses set forth on the form.
(c)
Request for production pursuant
					 to Board Rule.
Enforcement Rule 221(g)(2) provides in part that when
					 Disciplinary Counsel's request or demand for Pa.R.P.C. 1.15 records is made
					 under an applicable provision of these Rules, the respondent-attorney must
					 produce the records and must do so within the time frame established by these
					 Rules.
See
87.7(e)
					 (relating to production of Pa.R.P.C. 1.15 records upon Disciplinary Counsel's
					 request in a Form DB-7 (Request for Statement of Respondent's Position) or Form
					 DB-7A (Supplemental Request for Statement of Respondent's Position)).
(d)
Request for production by
					 subpoena.
Enforcement Rule 221(g)(2) provides in part that when
					 Disciplinary Counsel's request or demand for Pa.R.P.C. 1.15 records is made by
					 subpoena under Enforcement Rule 213(a), the respondent-attorney must produce
					 the records and must do so within the time frame established by Enforcement
					 Rule 213 and these Rules.
See
Enforcement Rule 213(b) and
					 91.2(b) (both of
					 which relate to procedure for issuance of subpoenas).