reglab/statecodes huggingface dataset:
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 B - MISCONDUCT › Rule 201 - Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 exclusive disciplinary jurisdiction of the Supreme Court under these rules
					 extends to:
(1) Any attorney admitted to
					 practice law in this Commonwealth.
(2) Any attorney of another jurisdiction
					 specially admitted by a court of this Commonwealth for a particular
					 proceeding.
(3) Any formerly
					 admitted attorney, with respect to acts prior to suspension, disbarment,
					 temporary suspension, administrative suspension, permanent resignation, or
					 transfer to or assumption of retired, inactive or disability inactive status,
					 or with respect to acts subsequent thereto which amount to the practice of law
					 or constitute the violation of the Disciplinary Rules, these rules or rules of
					 the Board adopted pursuant hereto.
(4) Any attorney who is a justice, judge or
					 magisterial district judge, with respect to acts prior to taking office as a
					 justice, judge or magisterial district judge, if the Judicial Conduct Board
					 declines jurisdiction with respect to such acts.
(5) Any attorney who resumes the practice of
					 law, with respect to nonjudicial acts while in office as a justice, judge or
					 magisterial district judge.
(6) Any
					 attorney not admitted in this Commonwealth who practices law or renders or
					 offers to render any legal services in this Commonwealth.
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 B - MISCONDUCT › Rule 202 - Disciplinary districts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Disciplinary jurisdiction in this Commonwealth shall be divided into the
					 following districts:
(1) District I-the
					 County of Philadelphia.
(2)
					 District II-the Counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh,
					 Montgomery, Northampton and Schuylkill.
(3) District III-the counties of Adams,
					 Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin,
					 Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming,
					 Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Snyder,
					 Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming and York.
(4) District IV-the counties of Allegheny,
					 Armstrong, Beaver, Bedford, Butler, Blair, Cambria, Clarion, Clearfield,
					 Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence,
					 McKean, Mercer, Somerset, Venango, Warren, Washington and
					 Westmoreland.
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 B - MISCONDUCT › Rule 203 - Grounds for discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Acts or
					 omissions by a person subject to these rules, individually or in concert with
					 any other person or persons, which violate the Disciplinary Rules, shall
					 constitute misconduct and shall be grounds for discipline, whether or not the
					 act or omission occurred in the course of an attorney-client
					 relationship.
(b) The following
					 shall also be grounds for discipline:
(1)
					 Conviction of a crime.
(2) Wilful
					 failure to appear before the Supreme Court, the Board or Disciplinary Counsel
					 for censure, public or private reprimand, or informal admonition.
(3) Wilful violation of any other provision
					 of the Enforcement Rules.
(4)
					 Failure by a respondent-attorney without good cause to comply with any order
					 under the Enforcement Rules of the Supreme Court, the Board, a hearing
					 committee or special master.
(5)
					 Ceasing to meet the requirements for licensure as a foreign legal consultant
					 set forth in Pennsylvania Bar Admission Rule 341(a)(1) or (3).
(6) Making a material misrepresentation of
					 fact or deliberately failing to disclose a material fact in connection with an
					 application submitted under the Pennsylvania Bar Admission Rules.
(7) Failure by a respondent-attorney without
					 good cause to respond to Disciplinary Counsel's request or supplemental request
					 under Disciplinary Board Rules, §
												87.7(b) for a
					 statement of the respondent-attorney's position.
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 B - MISCONDUCT › Rule 204 - Types of discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Misconduct
					 shall be grounds for:
(1) Disbarment by the
					 Supreme Court.
(2) Suspension by
					 the Supreme Court for a period not exceeding five years.
(3) Public censure by the Supreme Court with
					 or without probation.
(4) Probation
					 by the Supreme Court under supervision provided by the Board.
(5) Public reprimand by the Board with or
					 without probation.
(6) Private
					 reprimand by the Board with or without probation.
(7) Private informal admonition by
					 Disciplinary Counsel.
(8)
					 Revocation of an attorney's admission or license to practice law in the
					 circumstances provided in Rule 203(b)(6) (relating to grounds for
					 discipline).
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 B - MISCONDUCT › Rule 205 - The Disciplinary Board of the Supreme Court of Pennsylvania

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Supreme
					 Court shall appoint a board to be known as "The Disciplinary Board of the
					 Supreme Court of Pennsylvania" which shall be composed of ten members of the
					 Bar of this Commonwealth and two non-lawyer electors. One of the members shall
					 be designated by the Court as Chair and another as Vice-Chair.
(b) The regular terms of members of the Board
					 shall be for six years, unless otherwise specified by order of the Court, and
					 no member shall serve for more than one term. Except when acting under
					 Paragraph (c)(5), (7), (8), (9) and (16) of this rule, the Board shall act only
					 with the concurrence of not less than the lesser of:
(i) seven members, or
(ii) a majority of the members in office who
					 are not disqualified from participating in the matter or proceeding.
Seven members shall constitute a quorum. The presence of
						members who are disqualified from participating in one or more matters to be
						considered at a meeting shall nonetheless be counted for purposes of
						determining the existence of a quorum for the consideration of all matters on
						the agenda.
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 B - MISCONDUCT › Rule 206 - Hearing committees and special masters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When a hearing committee is required to handle a matter, the Board shall
					 appoint a hearing committee consisting of three hearing committee members from
					 the appropriate disciplinary district. Under exigent circumstances, the Board
					 has the discretion to appoint a hearing committee member or members from
					 outside the appropriate disciplinary district, or to require that a matter be
					 transferred to another disciplinary district. At least one of the members of
					 the hearing committee shall be a senior hearing committee member, and another
					 member shall be either a senior hearing committee member or an experienced
					 hearing committee member. The Board shall designate one of the members so
					 appointed as the chair for the committee, who shall be a senior hearing
					 committee member. The terms of hearing committee members shall be three years
					 and no member shall serve for more than two consecutive three-year terms. Board
					 rules may authorize a hearing committee member whose term has expired to
					 continue to serve until the conclusion of any matter commenced before the
					 member prior to the expiration of such term. A hearing committee member who has
					 served two consecutive three-year terms may be reappointed after the expiration
					 of one year. A hearing committee shall act only with the concurrence of a
					 majority of its members and two members shall constitute a quorum, except that
					 a single senior or experienced hearing committee member may act for the
					 committee when the committee is sitting as an investigatory hearing committee
					 under Enforcement Rule 213(a)(1) (relating to subpoena power, depositions and
					 related matters), or when conducting a prehearing conference. The terms of
					 hearing committee members shall commence on July 1.
(b) Hearing committees shall have the power
					 and duty:
(1) To conduct investigatory
					 hearings and hearings into formal charges of misconduct upon assignment by the
					 Board (see Enforcement Rule 205(c)(5)).
(2) To submit their conclusions set forth as
					 prescribed by Board rules, together with the record of the hearing, to the
					 Board.
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 B - MISCONDUCT › Rule 207 - Disciplinary Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Disciplinary Counsel shall not be permitted to engage in private practice
					 except that the Board may agree to a reasonable period of transition after
					 appointment.
(b) Disciplinary
					 Counsel shall have the power and duty:
(1) To
					 investigate all matters involving alleged misconduct called to their attention
					 whether by complaint or otherwise.
(2) To dispose of any matter that is governed
					 by Enforcement Rules 214 (Attorneys convicted of crimes), 215 (Discipline on
					 Consent), and 216 (Reciprocal discipline) in accrodance with the substantive
					 and procedural provisions of those rules, and to dispose of all other matters
					 involving alleged misconduct by dismissal or (subject to review by a member of
					 a hearing committee) by recommendation for informal admonition, private
					 reprimand or public or the prosecution of formal charges before a hearing
					 committee or special master. Except in matters requiring dismissal because the
					 complaint is frivolous or falls outside the jurisdiction of the Board, no
					 disposition shall be recommended or undertaken by Disciplinary Counsel until
					 the respondent attorney has been notified of the allegations and the time for
					 response under Enforcement Rule 208(b) (relating to formal hearing), if
					 applicable, has expired.
(3) To
					 request the appointment of a special master, where appropriate, and to
					 prosecute all disciplinary proceedings before hearing committees, special
					 masters, the Board and the Supreme Court.
(4) To appear at hearings conducted with
					 respect to petitions for reinstatement by formerly admitted attorneys, to
					 cross-examine witnesses testifying in support of the petition and to marshal
					 available evidence, if any, in opposition thereto.
(5) To maintain permanent records of all
					 matters processed and the disposition thereof.
(6) To exercise the powers and perform the
					 duties vested in and imposed upon Disciplinary Counsel by law.
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 B - MISCONDUCT › Rule 208 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Informal proceedings.
(1)
					 All investigations, whether upon complaint or otherwise, shall be initiated and
					 conducted by Disciplinary Counsel.
(2) Upon the conclusion of an investigation,
					 Disciplinary Counsel may dismiss the complaint as frivolous, as falling outside
					 the jurisdiction of the Board, or on the basis of Board policy or prosecutorial
					 discretion. Disciplinary Counsel may recommend:
(i) Dismissal of the complaint.
(ii) A conditional or unconditional informal
					 admonition of the attorney concerned.
(iii) A conditional or unconditional private
					 reprimand by the Board of the attorney concerned.
(iv) A conditional or unconditional public
					 reprimand by the Board of the attorney concerned.
(v) The prosecution of formal charges before
					 a hearing committee or special master.
(3) Except where Disciplinary Counsel
					 dismisses the complaint as frivolous, as falling outside the jurisdiction of
					 the Board, or on the basis of Board policy or prosecutorial discretion, the
					 recommended disposition shall be reviewed by a member of a hearing committee in
					 the appropriate disciplinary district who may approve or modify.
(4) Disciplinary Counsel may appeal the
					 recommended disposition directed by a hearing committee member to a reviewing
					 panel composed of three members of the Board which shall order that the matter
					 be concluded by dismissal, conditional or unconditional informal admonition,
					 conditional or unconditional private reprimand, or conditional or unconditional
					 public reprimand, or direct that a formal proceeding be instituted before a
					 hearing committee or special master in the appropriate disciplinary
					 district.
(5) A recommendation by a
					 reviewing hearing committee member for a conditional or unconditional private
					 or public reprimand shall be reviewed by a panel composed of three members of
					 the Board who may approve or modify.
(6) In cases where no formal proceeding has
					 been conducted, a respondent-attorney shall not be entitled to appeal an
					 informal admonition, a private reprimand, a public reprimand, or any conditions
					 attached thereto, but may demand as of right that a formal proceeding be
					 instituted against such attorney in the appropriate disciplinary district. In
					 the event of such demand, the respondent-attorney need not appear for the
					 administration of the informal admonition, private reprimand, or public
					 reprimand, and the matter shall be disposed of in the same manner as any other
					 formal proceeding, but any expenses of the proceeding taxed against the
					 respondent-attorney shall be paid as required by paragraph (g)(2) of this
					 rule.
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 B - MISCONDUCT › Rule 209 - Complaints and Immunity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Complaints submitted to the Board or Disciplinary Counsel shall be confidential
					 . See rule 402(e) (relating to access to disciplinary information and
					 confidentiality). Unless and until formal charges are filed and the complainant
					 is designated as a witness at the prehearing conference, or Disciplinary
					 Counsel determines that the complaint contains exculpatory material, the
					 complaint shall not be provided to the respondent-attorney. At or after the
					 prehearing conference, the senior or experienced hearing committee member or
					 the special master may enter a protective order on cause shown to prohibit
					 disclosure of the complaint or parts of it to the public.
(b) Members of the Board, members of hearing
					 committees, special masters, Disciplinary Counsel and staff shall be immune
					 from civil suit for any conduct in the course of their official duties. All
					 communications to the Board, a hearing committee, special master, or
					 Disciplinary Counsel relating to misconduct by a respondentattorney and all
					 testimony given in a proceeding conducted pursuant to these rules shall be
					 absolutely privileged and the person making the communication or giving the
					 testimony shall be immune from civil suit based upon such communication or
					 testimony. For purposes of this subdivision (b), the staff of the Board shall
					 be deemed to include conservators and sobriety, financial or practice monitors
					 appointed pursuant to these rules or the rules of the Board.
(c) Complaints against members of the Board
					 involving alleged violations of the Disciplinary Rules or these rules shall be
					 handled in the same manner as other complaints, except that if action is
					 required by the Board, the Board shall notify the Supreme Court which shall
					 appoint an Ad Hoc Disciplinary Board comprised of five former members of the
					 Board who shall discharge the functions of the Board and have all the powers of
					 the Board with respect to that one matter only.
(d) Complaints against Disciplinary Counsel
					 involving alleged violations of the Disciplinary Rules or these rules shall be
					 submitted directly to the Board and assigned to a reviewing member of the Board
					 for disposition.
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 B - MISCONDUCT › Rule 210 - Refusal of complainant to proceed, compromise, etc

Current through Register Vol. 54, No. 28, July 13, 2024
Neither unwillingness nor neglect of the complainant to
						sign a complaint or to prosecute a charge, nor settlement, compromise or
						restitution, shall, in itself, justify abatement of an investigation into the
						conduct of an attorney.
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 B - MISCONDUCT › Rule 211 - Matters involving related pending civil or criminal litigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Processing of complaints involving
					 material allegations which are substantially similar to the material
					 allegations of pending criminal or civil litigation shall not be deferred
					 unless the Board in its discretion, for good cause shown, authorizes such
					 deferment. In the event a deferment of disciplinary investigation or proceeding
					 is authorized by the Board as the result of pending related litigation, the
					 respondent-attorney shall make all reasonable efforts to obtain the prompt
					 trial and disposition of such pending litigation. In the event the
					 respondent-attorney fails to take reasonable steps to assure prompt disposition
					 of the litigation, the investigation and subsequent disciplinary proceedings
					 indicated shall be conducted promptly.
(b) The acquittal of the respondent-attorney
					 on criminal charges or a verdict or judgment in favor of the
					 respondent-attorney in a civil litigation involving substantially similar
					 material allegations shall not in and of itself justify abatement of a
					 disciplinary investigation predicated upon the same material
					 allegations.
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 B - MISCONDUCT › Rule 212 - Substituted service

Current through Register Vol. 54, No. 28, July 13, 2024
In the event a respondent-attorney cannot be located and
						personally served with notices required under these rules, such notices may be
						served upon the respondent-attorney by addressing them to the address furnished
						by the respondent-attorney in the last registration statement filed by such
						person in accordance with Enforcement Rule 219(d) (relating to annual
						registration of attorneys) or, in the case of a foreign legal consultant, by
						serving them pursuant to the designation filed by the foreign legal consultant
						under Pennsylvania Bar Admission Rule 341(b)(8).
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 B - MISCONDUCT › Rule 212 - Substituted service

Current through Register Vol. 54, No. 28, July 13, 2024
In the event a respondent-attorney cannot be located and
						personally served with notices required under these rules, such notices may be
						served upon the respondent attorney by addressing them to the address furnished
						by the respondent-attorney in the last registration form filed by such person
						in accordance with Enforcement Rule 219(c) (relating to annual registration and
						assessment) or, in the case of a foreign legal consultant, by serving them
						pursuant to the designation filed by the foreign legal consultant under
						Pennsylvania Bar Admission Rule 341(b)(8).
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 B - MISCONDUCT › Rule 213 - Subpoena power, depositions and related matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.
(1) At any stage of an investigation, both
					 Disciplinary Counsel and a respondent-attorney shall have the right to summon
					 witnesses before a hearing committee or special master and require production
					 of records before the same by issuance of subpoenas.
(2) Before assignment of a matter to a
					 hearing committee or special master, Disciplinary Counsel shall have the right
					 to require production of records by issuance of subpoenas which shall be
					 returnable to the office of Disciplinary Counsel in which the investigation is
					 being conducted. The respondent-attorney shall have the right, upon request and
					 payment of appropriate duplicating costs, to receive copies of the records
					 produced.
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 B - MISCONDUCT › Rule 215 - Discipline on Consent

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Voluntary resignation
.-An attorney who is the subject of an
					 investigation into allegations of misconduct by the attorney may submit a
					 resignation, but only by delivering to Disciplinary Counsel or the Board a
					 verified statement stating that the attorney desires to resign and that:
(1) the resignation is freely and voluntarily
					 rendered; the attorney is not being subjected to coercion or duress; the
					 attorney is fully aware of the implications of submitting the resignation; and
					 whether or not the attorney has consulted or followed the advice of counsel in
					 connection with the decision to resign;
(2) the attorney is aware that there is a
					 presently pending investigation into allegations that the attorney has been
					 guilty of misconduct the nature of which the verified statement shall
					 specifically set forth;
(3) the
					 attorney acknowledges that the material facts upon which the complaint is
					 predicated are true;
(4) the
					 resignation is being submitted because the attorney knows that if charges were
					 predicated upon the misconduct under investigation the attorney could not
					 successfully defend against them;
(5) the attorney is fully aware that the
					 submission of the resignation statement is irrevocable and that the attorney
					 can only apply for reinstatement to the practice of law pursuant to the
					 provisions of Enforcement Rule 218(b) and (c);
(6) the attorney is aware that pursuant to
					 subdivision (c) of this Rule, the fact that the attorney has tendered his or
					 her resignation shall become a matter of public record immediately upon
					 delivery of the resignation statement to Disciplinary Counsel or the Board;
(7) upon entry of the order
					 disbarring the attorney on consent, the attorney will promptly comply with the
					 notice, withdrawal, resignation, trust accounting, and cease-and-desist
					 provisions of subdivisions (a), (b), (c) and (d) of Enforcement Rule
					 217;
(8) after the entry of the
					 order disbarring the attorney on consent, the attorney will file a verified
					 statement of compliance as required by subdivision (e)(1) of Enforcement Rule
					 217; and
(9) the attorney is aware
					 that the waiting period for eligibility to apply for reinstatement to the
					 practice of law under Enforcement Rule 218(b) shall not begin until the
					 attorney files the verified statement of compliance required by Enforcement
					 Rule 217(e)(1), and if the order of disbarment contains a provision that makes
					 the disbarment retroactive to an earlier date, then the waiting period will be
					 deemed to have begun on that earlier date.
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 B - MISCONDUCT › Rule 216 - Reciprocal discipline and disability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 receipt of a certified copy of a final adjudication of any court or any body
					 authorized by law or by rule of court to conduct disciplinary proceedings
					 against attorneys by any state or territory of the United States court or the
					 District of Columbia, a United States court, or a federal administrative agency
					 or a military tribunal demonstrating that an attorney admitted to practice in
					 this Commonwealth has been disciplined by suspension, disbarment, or revocation
					 of license or pro hac vice admission, or has resigned from the bar or otherwise
					 relinquished his or her license to practice while under disciplinary
					 investigation in another jurisdiction or has been transferred to disability
					 inactive status, the Supreme Court shall forthwith issue a notice directed to
					 the respondent-attorney containing:
(1) a copy
					 of the final adjudication described in paragraph (a); and
(2) an order directing that the
					 respondent-attorney inform the Court within 30 days from service of the notice,
					 of any claim by the respondent-attorney that the imposition of the identical or
					 comparable discipline or disability inactive status in this Commonwealth would
					 be unwarranted, and the reasons therefor.
The Board shall cause this notice to be served upon the
						respondent-attorney by mailing it to the address furnished by the
						respondent-attorney in the last registration form filed by such person in
						accordance with Enforcement Rule 219(c) (relating to annual registration and
						assessment) or, in the case of a foreign legal consultant, by serving it
						pursuant to the designation filed by the foreign legal consultant under
						Pennsylvania Bar Admission Rule 341(b)(8).
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 B - MISCONDUCT › Rule 218 - Reinstatement proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An attorney
					 may not resume practice until reinstated by order of the Supreme Court after
					 petition pursuant to this rule if the attorney :
(1) is on retired status, inactive status or
					 administrative suspension and has not been on active status at any time within
					 the preceding three years;
Note
: An attorney who has been on
						retired status, inactive status, or administrative suspension for three years
						or less may be eligible for reinstatement to active status under Enforcement
						Rule 219(h).
(2) assumed
					 inactive status under enforcement rule 219(i)(1) in connection with the sale of
					 his or her practice pursuant to Rule
					 1.17(f) of the
					 Pennsylvania Rules of Professional Conduct (relating to the sale of a law
					 practice by reason of disability);
(3) was transferred to disability inactive
					 status, except that an attorney who is on disability inactive status under
					 Enforcement Rule 301(c) shall be subject to the provisions of this rule only if
					 the Court so directs;
(4) was
					 suspended for a period exceeding one year; or
(5) was disbarred.
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 B - MISCONDUCT › Rule 219 - Annual registration and assessment Administrative suspension Administrative changes in status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual Registration Period.
The annual registration period
					 shall run from July 1 to June 30. On or before May 15 of each year, the
					 Attorney Registration Office shall transmit an electronic notice to register
					 and pay the annual assessment by July 1. Failure to receive notice shall not
					 excuse the filing of the annual registration form and payment of the annual
					 assessment.
(1)
Attorneys required to
					 register.
Attorneys on the following license statuses are required to
					 register annually:
(i) Active
					 status.
(ii) Attorneys holding the
					 following limited licenses:
(A) Foreign legal
					 consultant;
(B) Limited In-House
					 Corporate Counsel;
(C) Attorney
					 participant in defender or legal services programs; and
(D) Attorney spouse of an active-duty service
					 member.
(iii) Inactive
					 status.
Note
: Attorneys admitted to the bar less
						than one year prior to July 1 are required to
						register.
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 B - MISCONDUCT › Rule 220 - Recusal of members of the Board or a hearing committee or a special master

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 Rule.
A member of the Board or of a hearing committee or a special
					 master shall withdraw from participating in a matter or proceeding where there
					 is a substantial showing that the member or special master cannot partici-pate
					 in a fair and reasonable manner, including but not limited to instances where
					 the member or special master:
(1) has a fixed
					 bias or prejudice for or against the respondent-attorney, or personal knowledge
					 of disputed evidentiary facts relating to the matter or proceeding;
(2) served as a lawyer in connection with any
					 events relating to the matter or proceeding, or a lawyer with whom the member
					 or special master practices law served as a lawyer in connection with any
					 events relating to the matter or proceeding;
(3) individually or as a fiduciary, or any
					 minor child of the member or special master living in his or her household or
					 the spouse of the member or special master, has a financial interest in any
					 events relating to the matter or proceeding.
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 B - MISCONDUCT › Rule 221 - Funds of clients and third persons. Mandatory overdraft notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 purposes of this rule, the following definitions apply:
(1)
Eligible Institution
. An
					 Eligible Institution is a Financial Institution which has been approved as a
					 depository of Trust Accounts pursuant to section (h),
infra
.
(2)
Financial Institution
. A Financial Institution is an entity
					 which is authorized by federal or state law and licensed to do business in the
					 Commonwealth of Pennsylvania as one of the following: a bank, bank and trust
					 company, trust company, credit union, savings bank, savings and loan
					 association or foreign banking corporation, the deposits of which are insured
					 by an agency of the federal government, or as an investment adviser registered
					 under the Investment Advisers Act of 1940 or with the Pennsylvania Securities
					 Commission, an investment company registered under the Investment Company Act
					 of 1940, or a broker dealer registered under the Securities Exchange Act of
					 1934.
(3)
Fiduciary
					 Funds
. Fiduciary Funds are Rule
					 1.15 Funds which an attorney
					 holds as a Fiduciary, as defined in Rule
					 1.15(a)(2) of
					 the Pennsylvania Rules of Professional Conduct. Fiduciary Funds may be either
					 Qualified Funds or Nonqualified Funds.
(4)
Rule
					 1.15 Funds
. Rule
					 1.15 Funds are funds which an
					 attorney receives from a client or third person in connection with a
					 client-lawyer relationship, or as an escrow agent, settlement agent or
					 representative payee, or as a Fiduciary, or receives as an agent, having been
					 designated as such by a client or having been so selected as a result of a
					 client-lawyer relationship or the attorney's status as such. When the term
					 "property" appears with "Rule
					 1.15 Funds," it means property of
					 a client or third person which the attorney receives in any of the foregoing
					 capacities.
(5)
Trust
					 Account
. A Trust Account is an account in an Eligible Institution in
					 which an attorney holds Rule
					 1.15 Funds. A Trust Account must
					 be maintained either as an IOLTA Account or as a Non-IOLTA Account, as defined
					 in Rule 1.15(a)(5) and
					 (7) of the Pennsylvania Rules of Professional
					 Conduct.
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 B - MISCONDUCT › Rule 221 - Funds of clients and third persons Mandatory overdraft notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 purposes of this rule, the following definitions apply:
(1)
Eligible Institution
. An
					 Eligible Institution is a Financial Institution which has been approved as a
					 depository of Trust Accounts pursuant to section (h),
infra
.
(2)
Financial Institution
. A Financial Institution is an entity
					 which is authorized by federal or state law and licensed to do business in the
					 Commonwealth of Pennsylvania as one of the following: a bank, bank and trust
					 company, trust company, credit union, savings bank, savings and loan
					 association or foreign banking corporation, the deposits of which are insured
					 by an agency of the federal government, or as an investment adviser registered
					 under the Investment Advisers Act of 1940 or with the Pennsylvania Securities
					 Commission, an investment company registered under the Investment Company Act
					 of 1940, or a broker dealer registered under the Securities Exchange Act of
					 1934.
(3)
Fiduciary
					 Funds
. Fiduciary Funds are
					 1.15 Funds which an attorney
					 holds as a Fiduciary, as defined in
					 1.15(a)(2) of
					 the Pennsylvania Rules of Professional Conduct. Fiduciary Funds may be either
					 Qualified Funds or Nonqualified Funds.
(4)
1.15 Funds
.
					 1.15 Funds are funds which an
					 attorney receives from a client or third person in connection with a
					 client-lawyer relationship, or as an escrow agent, settlement agent or
					 representative payee, or as a Fiduciary, or receives as an agent, having been
					 designated as such by a client or having been so selected as a result of a
					 client-lawyer relationship or the attorney's status as such. When the term
					 "property" appears with "1.15 Funds," it means property of
					 a client or third person which the attorney receives in any of the foregoing
					 capacities.
(5)
Trust
					 Account
. A Trust Account is an account in an Eligible Institution in
					 which an attorney holds
					 1.15 Funds. A Trust Account must
					 be maintained either as an IOLTA Account or as a Non-IOLTA Account, as defined
					 in 1.15(a)(5) and
					 (7) of the Pennsylvania Rules of Professional
					 Conduct.
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 321 - Appointment of conservator to protect interests of clients of absent attorney

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						application of Disciplinary Counsel or any other interested person with the
						written concurrence of Disciplinary Counsel, the president judge of a court of
						common pleas shall have the power to appoint one or more eligible persons to
						act as conservators of the affairs of an attorney or formerly admitted attorney
						if:
(1) the attorney maintains or has
						maintained an office for the practice of law within the judicial district;
						and
(2) any of the following
						applies:
(i) the attorney is made the subject
						of an order under Enforcement Rule 208(f) (relating to emergency interim
						suspension orders and related matters); or
(ii) the president judge of the court of
						common pleas pursuant to Enforcement Rule 217(g) (relating to formerly admitted
						attorneys) by order directs Disciplinary Counsel to file an application under
						this rule; or
(iii) the attorney
						abandons his or her practice, disappears, dies or is transferred to inactive
						status because of incapacity or disability; and
(3) no partner or other responsible successor
						to the practice of the attorney is known to exist.
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 321 - Appointment of conservator to protect interests of clients of absent attorney

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						application of Disciplinary Counsel or any other interested person with the
						written concurrence of Disciplinary Counsel, the president judge of a court of
						common pleas shall have the power to appoint one or more eligible persons to
						act as conservators of the affairs of an attorney or formerly admitted attorney
						if:
(1) the attorney maintains or has
						maintained an office for the practice of law within the judicial district;
						and
(2) any of the following
						applies:
(i) the attorney is made the subject
						of an order under Enforcement Rule 208(f) (relating to emergency interim
						suspension orders and related matters); or
(ii) the president judge of the court of
						common pleas pursuant to Enforcement Rule 217(g) (relating to formerly admitted
						attorneys) by order directs Disciplinary Counsel to file an application under
						this rule; or
(iii) the attorney
						abandons his or her practice, disappears, dies or is transferred to disability
						inactive status; and
(3)
						no partner or other responsible successor to the practice of the attorney is
						known to exist.
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 323 - Cooperation with conservator

Current through Register Vol. 54, No. 28, July 13, 2024
Any absent attorney who is capable of cooperating with
						  the conservator and any partner, associate, personal representative or guardian
						  of an absent attorney shall cooperate to the best of his or her ability with
						  the conservator in identifying the clients and client files (including records
						  with respect to funds of clients) of the absent attorney and any unexpended
						  funds of such clients. Wilful failure to so cooperate shall constitute a
						  separate violation of these rules for the purposes of Enforcement Rule
						  203(b)(3) (relating to grounds for discipline).
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 324 - Book and other accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						conservator shall notify all banks and financial institutions in which the
						absent attorney maintained either professional or trustee accounts of the
						appointment of a conservator under these rules. Service on a bank or financial
						institution of a certified copy of the order of appointment of the conservator
						shall operate as a modification of any agreement or deposit among such bank or
						financial institution, the absent attorney and any other party to the account
						so as to make the conservator a necessary signatory on any professional or
						trustee account maintained by the absent attorney with such bank or financial
						institution. The appointing court on application may by order direct that the
						conservator shall be sole signatory on any such account to the extent necessary
						for the purposes of these rules and may direct the disposition and distribution
						of client and other funds.
(b) The
						conservator shall cause all funds of clients in the custody of the absent
						attorney to be returned to the clients as soon as possible, allowing for
						deduction of expenses or other proper charges owed by the clients to the absent
						attorney.
(c) The conservator may
						engage the services of a certified public accountant when considered necessary
						to assist in the bookkeeping and auditing of the financial accounts and records
						of the absent attorney.
(1) If the state of
						the financial accounts and records of the absent attorney, or other relevant
						circumstances, render a determination as to ownership of purported client funds
						unreasonable and impractical, the conservator shall petition the appointing
						court for permission to pay all funds held by the absent attorney in any trust,
						escrow, or IOLTA account, to the Pennsylvania Lawyers Fund For Client Security.
						Any petition filed under this subsection shall be served by publication, the
						specific method and duration of which shall be approved by the appointing
						court.
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 325 - Duration of conservatorship

Current through Register Vol. 54, No. 28, July 13, 2024
Appointment of a conservator pursuant to these rules
						  shall be for a period of no longer than six months. The appointing court shall
						  have the power, upon application of the conservator and for good cause, to
						  extend the appointment for an additional three months. Any order granting such
						  an extension shall include findings of fact in support of the extension. No
						  additional extensions shall be granted absent a showing of extraordinary
						  circumstances.
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 326 - Discharge of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						conservator shall apply to the appointing court for discharge when in the
						opinion of the conservator, nothing more remains to be done to protect the
						funds and other interests of the clients of the absent attorney.
(b) An application for discharge shall set
						forth a full accounting of all funds disbursed to clients of the absent
						attorney, expended in the conservatorship or released to the full control of
						the absent attorney, and a summary of all other actions taken by the
						conservator.
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 C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 327 - Liability of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
A conservator appointed under these rules
						  shall:
(1) Not be regarded as having
						an attorney-client relationship with clients of the absent attorney, except
						that the conservator shall be bound by the obligation of confidentiality
						imposed by the Rules of Professional Conduct with respect to information
						acquired as conservator.
(2) Have
						no liability to the clients of the absent attorney except for injury to such
						clients caused by intentional, wilful, or grossly negligent breach of duties as
						a conservator.
(3) Be immune to
						separate suit brought by or on behalf of the absent attorney. Any objections by
						or on behalf of the absent attorney or any other person to the conduct of the
						conservator shall be raised in the appointing court during the pendency of the
						conservatorship.