reglab/statecodes huggingface dataset:
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 D - DISABILITY › Section 91.76 - Publication of notice of transfer to disability inactive status

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(f) provides that the Board shall
						cause a notice of transfer to disability inactive status (Form DB-22) (Notice
						of Transfer to Inactive Status upon Disability) to be published in the legal
						journal and a newspaper of general circulation in the county in which the
						disabled attorney practiced. If there is no such legal journal, the notice
						shall be published in the legal journal of an adjoining county. Such notice
						shall be published by the Executive Office within 20 days after the transfer to
						disability inactive status becomes effective and shall be furnished to such
						courts as may be appropriate.
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 D - DISABILITY › Section 91.77 - Action to protect clients of disabled attorney

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(g) provides that the Board shall
						promptly transmit a certified copy of the order of transfer to disability
						inactive status to the president judge of the court of common pleas of the
						judicial district in which the disabled attorney practiced and shall request
						such action under the provisions of Subchapter F (relating to protection of the
						interests of clients) as may be indicated in order to protect the interests of
						the disabled attorney and the clients of the disabled attorney.
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 D - DISABILITY › Section 91.78 - Procedure for reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(h) provides as follows:
(1) Except as provided in §
											91.73(b)
					 (relating to summary reinstatement), a disabled attorney may not resume active
					 status until reinstated by order of the Supreme Court upon petition for
					 reinstatement pursuant to Chapter 89 Subchapter F (relating to
					 reinstatement).
(2) A disabled
					 attorney shall be entitled to apply for reinstatement to active status once a
					 year or at such shorter intervals as the Court may direct in the order
					 transferring the respondent to disability inactive status or any modification
					 thereof.
(3) Such application shall
					 be granted by the Court upon a showing by clear and convincing evidence that
					 the disability of the formerly admitted attorney has been removed and such
					 person is fit to resume the practice of law. Upon such application, the Court
					 may take or direct such action as it deems necessary or proper to a
					 determination of whether the formerly admitted attorney's disability has been
					 removed including a direction for an examination of the formerly admitted
					 attorney by such qualified medical experts as the Court shall designate. In its
					 discretion, the Court may direct that the expense of such an examination shall
					 be paid by the formerly admitted attorney.
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 D - DISABILITY › Section 91.79 - Burden of proof

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(i) provides that in a proceeding
						seeking a transfer to disability inactive status under this subchapter, the
						burden of proof shall rest with the Board; and that in a proceeding seeking an
						order of reinstatement to active status under this subchapter, the burden of
						proof shall rest with the respondent-attorney.
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 D - DISABILITY › Section 91.80 - Waiver of privilege

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(j) provides that the filing of an
						application for reinstatement to active status by a formerly admitted attorney
						transferred to disability inactive status shall be deemed to constitute a
						waiver of any doctor-patient privilege with respect to any treatment of the
						formerly admitted attorney during the period of disability; that the formerly
						admitted attorney shall be required to disclose the name of every psychiatrist,
						psychologist, physician and hospital or other institution by whom or in which
						the formerly admitted attorney has been examined or treated since transfer to
						disability inactive status; and that the formerly admitted attorney shall
						furnish to the Court written consent to each to divulge such information and
						records as requested by court-appointed medical experts.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.91 - Notification of clients in nonlitigation matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 217(a) provides that a formerly admitted attorney shall
					 promptly notify, or cause to be promptly notified, all clients being
					 represented in pending matters, other than litigation or administrative
					 proceedings, of the disbarment, suspension, temporary suspension,
					 administrative suspension or transfer to disability inactive status and the
					 consequent inability of the formerly admitted attorney to act as an attorney
					 after the effective date of the disbarment, suspension, temporary suspension,
					 administrative suspension or transfer to disability inactive status and shall
					 advise said clients to seek legal advice elsewhere. Such notices shall be in
					 substantially the language of Form DB-23 (Nonlitigation Notice of Disbarment,
					 Suspension, Temporary Suspension or Transfer to Disability Inactive Status) or
					 Form DB-23(a) (Non-Litigation Notice of Administrative Suspension). The notice
					 required by this subsection (a) may be delivered by the most efficient method
					 possible as long as the chosen method is successful and provides proof of
					 receipt.
(b)
Copies of
					 notices and proofs of receipt
. At the time of the filing of the
					 verified statement of compliance required by
					 91.96 of this Subchapter E, the
					 formerly admitted attorney shall file copies of the notices required by this
					 section and proofs of receipt with the Board Prothonotary and shall serve a
					 conforming copy on Disciplinary Counsel.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.92 - Notification of clients in litigation matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 217(b) provides that a formerly admitted attorney shall
					 promptly notify, or cause to be promptly notified, all clients who are involved
					 in pending litigation or administrative proceedings, and the attorney or
					 attorneys for each adverse party in such matter or proceeding, of the
					 disbarment, suspension, temporary suspension, administrative suspension or
					 transfer to disability inactive status and consequent inability of the formerly
					 admitted attorney to act as an attorney after the effective date of the
					 disbarment, suspension, temporary suspension, administrative suspension or
					 transfer to disability inactive status. Such rule further provides that the
					 notice to be given to the client shall advise the prompt substitution of
					 another attorney or attorneys in place of the formerly admitted attorney; that
					 in the event the client does not obtain substitute counsel before the effective
					 date of the disbarment, suspension, temporary suspension, administrative
					 suspension or transfer to disability inactive status, it shall be the
					 responsibility of the formerly admitted attorney to move in the court or agency
					 in which the proceeding is pending for leave to withdraw; and that the notice
					 to be given to the attorney or attorneys for an adverse party shall state the
					 place of residence of the client of the formerly admitted attorney. Such
					 notices shall be in substantially the language of Form DB-24 (Litigation Notice
					 of Disbarment, Suspension, Temporary Suspension or Transfer to Disability
					 Inactive Status) or Form DB-24(a) (Litigation Notice of Administrative
					 Suspension). The notice required by this subsection (b) may be delivered by the
					 most efficient method possible as long as the chosen method is successful and
					 provides proof of receipt.
See
Note after subsection (a) of §
											91.91 (relating to notification
					 of clients in nonlitigation matters).
(b)
Copies of notices and proofs of
					 receipt.
At the time of the filing of the verified statement of
					 compliance required by
					 91.96 of this Subchapter E, the
					 formerly admitted attorney shall file copies of the notices required by this
					 section and proofs of receipt with the Board Prothonotary and shall serve a
					 conforming copy on Disciplinary Counsel.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.93 - Notification of other persons

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 217(c) provides that a formerly
					 admitted attorney shall promptly notify, or cause to be promptly notified, of
					 the disbarment, suspension, temporary suspension, administrative suspension or
					 transfer to disability inactive status:
(1)
					 all persons or their agents or guardians, including but not limited to wards,
					 heirs and beneficiaries, to whom a fiduciary duty is or may be owed at any time
					 after the disbarment, suspension, temporary suspension, administrative
					 suspension or transfer to disability inactive status;
(2) all other persons with whom the formerly
					 admitted attorney may at any time expect to have professional contacts under
					 circumstances where there is a reasonable probability that they may infer that
					 he or she continues as an attorney in good standing; and
(3) any other tribunal, court, agency or
					 jurisdiction in which the attorney is admitted to practice.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.94 - Effective date of suspension, disbarment, temporary suspension, administrative suspension or transfer to disability inactive status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Effective date.
Enforcement Rule 217(d)(1) provides that orders imposing suspension,
					 disbarment, temporary suspension, administrative suspension or transfer to
					 disability inactive status shall be effective 30 days after entry; that the
					 formerly admitted attorney, after entry of the disbarment, suspension,
					 temporary suspension, administrative suspension or transfer to disability
					 inactive status order, shall not accept any new retainer or engage as attorney
					 for another in any new case or legal matter of any nature; but that, during the
					 period from the entry date of the order to its effective date the formerly
					 admitted attorney may wind up and complete, on behalf of any client, all
					 matters which were pending on the entry date.
(b)
Effect of verified statement on
					 waiting period for reinstatement.
Enforcement Rule 217(e)(3) provides
					 that after the entry of an order of disbarment or suspension for a period
					 exceeding one year, 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 subsection (a) of
					 this section; and that if the order of disbarment or suspension contains a
					 provision that makes the discipline retroactive to an earlier date, 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter E - FORMERLY ADMITTED ATTORNEYS › Section 91.95 - Additional steps to be taken to disengage from the practice of law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Cease
					 and desist from using all forms of communication that convey eligibility to
					 practice.
Enforcement Rule 217(d)(2) provides that in addition to the
					 steps that a formerly admitted attorney must promptly take under other
					 provisions of this section to disengage from the practice of law, a formerly
					 admitted attorney shall promptly cease and desist from using all forms of
					 communication that expressly or implicitly convey eligibility to practice law
					 in the state courts of Pennsylvania, including but not limited to professional
					 titles, letterhead, business cards, signage, websites, and references to
					 admission to the Pennsylvania Bar.
(b)
Additional steps for certain
					 types of discipline or disability
. Enforcement Rule 217(d)(3)
					 provides that in cases of disbarment, suspension for a period exceeding one
					 year, temporary suspension under Enforcement Rule 208(f) or 213(g), or
					 disability inactive status under Enforcement Rule 216 or 301, a formerly
					 admitted attorney shall also promptly:
(1)
					 resign all appointments as personal representative, executor, administrator,
					 guardian, conservator, receiver, trustee, agent under a power of attorney, or
					 other fiduciary position;
(2) close
					 every IOLTA, Trust, client and fiduciary account;
(3) properly disburse or otherwise transfer
					 all client and fiduciary funds in his or her possession, custody or control;
					 and
(4) take all necessary steps to
					 cancel or discontinue the next regular publication of all advertisements and
					 telecommunication listings that expressly or implicitly convey eligibility to
					 practice law in the state courts of Pennsylvania.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.97 - Publication of notice of suspension, disbarment, temporary suspension, administrative suspension or transfer to disability inactive status

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 217(f) provides that the Board shall
						cause a notice of the suspension, disbarment, temporary suspension,
						administrative suspension or transfer to disability inactive status to be
						published in the legal journal and a newspaper of general circulation in the
						county in which the formerly admitted attorney practiced. If there is no such
						legal journal, the notice shall be published in the legal journal of an
						adjoining county. Upon entry of an order imposing suspension, disbarment,
						temporary suspension, administrative suspension or transfer to disability
						inactive status, such notice shall be published forthwith and shall be
						transmitted to such courts as may be appropriate. The cost of publication shall
						be assessed against the formerly admitted attorney.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.98 - Action to protect clients of formerly admitted attorney

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 217(g) provides that the Board shall
						promptly transmit a certified copy of the order of suspension, disbarment,
						temporary suspension, administrative suspension or transfer to disability
						inactive status to the president judge of the court of common pleas in the
						judicial district in which the formerly admitted attorney practiced; and that
						the president judge shall make such further order as may be necessary to fully
						protect the rights of the clients of the formerly admitted attorney.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.99 - Maintenance of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 217(i) provides that a formerly
					 admitted attorney shall keep and maintain records of the various steps taken by
					 such person under the Enforcement Rules so that, upon any subsequent proceeding
					 instituted by or against such person, proof of compliance with the Enforcement
					 Rules and with the disbarment, suspension, temporary suspension, administrative
					 suspension or transfer to disability inactive status order will be available;
					 and that proof of compliance with the Enforcement Rules shall be a condition
					 precedent to any petition for reinstatement.
(b)
Cross reference
. See
					 95.3 (relating to monitoring of
					 notices to be sent by formerly admitted attorneys).
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.100 - Indicia of licensure

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 217(h) provides that within ten days
						after the effective date of an order of disbarment or suspension for a period
						longer than one year, the formerly admitted attorney shall surrender to the
						Board the license card or certificate issued by the Attorney Registration
						Office under §
											93.143 (relating to issue of
						certificate as evidence of compliance) for the current year, along with any
						certificate of good standing issued under Pennsylvania Bar Admission Rule
						201(c) (relating to certification of good standing), certificate of admission
						issued under Pennsylvania Bar Admission Rule 231(d)(3) (relating to action by
						Court Prothonotary), certificate of licensure issued under Pennsylvania Bar
						Admission Rule 341(e)(3) (relating to motion for licensure), Limited In-House
						Corporate Counsel License issued under Pennsylvania Bar Admission Rule 302
						(relating to limited in-house corporate counsel license), limited certificate
						of admission issued under Pennsylvania Bar Admission Rule 303 (relating to
						limited admission of military attorneys), limited certificate of admission
						issued under Pennsylvania Bar Admission Rule 304 (relating to limited admission
						of attorney spouses of active-duty service members), or limited certificate of
						admission issued under Pennsylvania Bar Admission Rule 311 (relating to
						attorney participants in defender or legal services programs). The Board may
						destroy the annual license card or certificate issued under § 93.143, but shall
						retain any other documents surrendered under this subdivision and shall return
						those documents to the formerly admitted attorney in the event that he or she
						is subsequently reinstated.
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 E - FORMERLY ADMITTED ATTORNEYS › Section 91.101 - Law-related activities of formerly admitted attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A formerly
					 admitted attorney may not engage in any form of law-related activities in this
					 Commonwealth except in accordance with the requirements of this
					 section.
(b)
Supervision
. Enforcement Rule 217(j)(1) provides that all
					 law-related activities of the formerly admitted attorney shall be conducted
					 under the supervision of a member in good standing of the Bar of this
					 Commonwealth who shall be responsible for ensuring that the formerly admitted
					 attorney complies with the requirements of this section. If the formerly
					 admitted attorney is engaged by a law firm or other organization providing
					 legal services, whether by employment or other relationship, an attorney of the
					 firm or organization shall be designated by the firm or organization as the
					 supervising attorney for purposes of this subsection.
(c)
Permissible activities.
Enforcement Rule 217(j)(2) provides that, for purposes of this section, the
					 only law-related activities that may be conducted by a formerly admitted
					 attorney are the following:
(1) legal work of
					 a preparatory nature, such as legal research, assembly of data and other
					 necessary information, and drafting of transactional documents, pleadings,
					 briefs, and other similar documents;
(2) direct communication with the client or
					 third parties to the extent permitted by subsection (d); and
(3) accompanying a member in good standing of
					 the Bar of this Commonwealth to a deposition or other discovery matter or to a
					 meeting regarding a matter that is not currently in litigation, for the limited
					 purpose of providing clerical assistance to the member in good standing who
					 appears as the representative of the client.
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 F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.121 - Appointment of conservator to protect interests of clients of absent attorney

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
Enforcement Rule 321(a) provides that 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
					 91.151 (relating to emergency
					 temporary suspension orders and related relief); or
(ii) the president judge of the court of
					 common pleas pursuant to
					 91.98 (relating to action to
					 protect clients of formerly admitted attorney) by order directs Disciplinary
					 Counsel to file an application under Enforcement Rule 321; 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.123 - Cooperation with conservator

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 323 provides that 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; and that wilful
						failure to so cooperate shall constitute a separate violation of the
						Enforcement 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.124 - Bank and other accounts

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 324 provides that:
(1) 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; that 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; and that 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.
(2) 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.
(3) 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.
(i) 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.125 - Duration of conservatorship

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 325 provides that appointment of a
						conservator pursuant to the Enforcement Rules shall be for a period of no
						longer than six months; that 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; that any order granting such an extension shall
						include findings of fact in support of the extension; and that 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.126 - Discharge of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 326 provides that:
(1) 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.
(2) 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.127 - Liability of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 327 provides that a conservator
						appointed under the Enforcement 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; and that 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.
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 F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.128 - Compensation and expenses of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 328 provides that:
(1) A conservator not associated with the
					 Office of Disciplinary Counsel shall be compensated at an hourly rate identical
					 to that received by court-appointed counsel at the non-court appearance rate in
					 the judicial district where the conservator was appointed. When the conservator
					 believes that extraordinary circumstances justify an enhanced hourly rate, the
					 conservator may apply to the Board Chair for enhanced compensation. Such an
					 application shall be granted only in those situations in which extraordinary
					 circumstances are shown to justify enhanced compensation.
(2) The necessary expenses (including, but
					 not limited to, expenses of a certified public accountant engaged under §
											91.124(3)
					 (relating to bank and other accounts)) and any compensation of a conservator or
					 any attendant staff shall, if possible, be paid by the absent attorney or his
					 or her estate; and any expenses and any compensation of the conservator that
					 are not reimbursed to the Board shall be paid as a cost of disciplinary
					 administration and enforcement. Payment of any costs incurred by the Board
					 pursuant to Enforcement Rule 328 that have not been reimbursed to the Board may
					 be made a condition of reinstatement of a formerly admitted attorney or may be
					 ordered in a disciplinary proceeding brought against the absent
					 attorney.
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 F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.129 - Review by Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 329 and
						42 Pa.C.S. §
												722(1) (relating to direct
						appeals from courts of common pleas) provide that:
(1) Any order entered by a court of common
					 pleas upon an application for the appointment of a conservator, or arising out
					 of the supervision, administration, operation or discharge of any
					 conservatorship under these rules, shall be reviewable by the Supreme Court
					 within the time and in the manner prescribed by 210 Pa. Code (relating to
					 Appellate Procedure) for review of orders relating to the supervision of
					 investigating grand juries (see 210 Pa. Code Rule 3331 (relating to review of
					 special prosecutions or investigations)).
(2) Review in the Supreme Court under this
					 section shall not stay proceedings below unless the court of common pleas or
					 the Supreme Court or a justice thereof shall so order.
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 G - EMERGENCY PROCEEDINGS › Section 91.152 - Injunctive or other relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 218(j) provides that if
					 Disciplinary Counsel shall have probable cause to believe that any formerly
					 admitted attorney:
(1) Has failed to comply
					 with such rule or Chapter 91 Subchapter E (relating to formerly admitted
					 attorneys), or,
(2) Is otherwise
					 continuing to practice law; Disciplinary Counsel may bring an action in any
					 court of competent jurisdiction for such injunctive and other relief as may be
					 appropriate.
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 91.171 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following terms when used in this subchapter shall
						have the meanings given to them in this section:
Eligible Institution.
An Eligible
						Institution is a Financial Institution which has been approved as a depository
						of Trust Accounts pursuant to §
											91.173(a)
						(relating to approval and termination of Eligible Institutions).
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.
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 Non-Qualified Funds.
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.
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 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 91.172 - Maintenance of fiduciary accounts

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 221(b) provides that a Trust Account may
						be maintained only in an Eligible Institution approved by the Supreme Court of
						Pennsylvania for the maintenance of such accounts.
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 91.173 - Approval and termination of Eligible Institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval
. Enforcement
					 Rule 221(h) provides that an Eligible Institution shall be approved as a
					 depository for Trust Accounts if it shall file with the Board an agreement in a
					 form approved by the Board in which the Eligible Institution agrees to comply
					 with IOLTA Regulations governing approved Eligible Institutions and to make a
					 prompt report to the Lawyers Fund for Client Security Board under the
					 circumstances described in §
											91.174 (relating to reports of
					 overdrafts). Upon receiving a signed agreement from an Eligible Institution as
					 required by this subsection, the Board shall report that fact to the Supreme
					 Court with a recommendation that the Court enter an order approving the
					 Eligible Institution as a depository for Trust Accounts.
(b)
Termination of approval
.
					 Enforcement Rule 221(k) provides that a failure on the part of an Eligible
					 Institution to make a report to the Lawyers Fund for Client Security Board
					 called for by this subchapter or to comply with IOLTA Regulations governing
					 approved Eligible Institutions may be cause for termination of its approval by
					 the Supreme Court, but such failure shall not, absent gross negligence, give
					 rise to a cause of action by any person who is proximately caused harm thereby.
					 Upon learning that a financial institution has failed to make a report called
					 for by this subchapter, the Board shall report that fact to the Supreme Court
					 with a recommendation that the Court enter an order terminating the approval of
					 the financial institution as a depository for Trust Accounts.
(c)
List of approved Eligible
					 Institutions
. The Board will periodically publish in the
Pennsylvania Bulletin
a list of Eligible Institutions that are
					 approved at the time as depositories for Trust Accounts under this subchapter.
					 The current list shall also be published in the
Pennsylvania
					 Code
as an appendix to this section.
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 91.174 - Reports of overdrafts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Enforcement Rule 221(h) provides that an
					 Eligible Institution shall report to the Lawyers Fund for Client Security Board
					 whenever any check or similar instrument is presented against a Trust Account
					 when such account contains insufficient funds to pay the instrument, regardless
					 of:
(1) whether the instrument is honored;
					 or
(2) whether funds are
					 subsequently deposited that cover the overdraft or the dishonored instrument is
					 made good.
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 91.175 - Responsibility for Identification of Trust Accounts

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 221(d) provides that the responsibility
						for identifying an account as a Trust Account shall be that of the attorney in
						whose name the account is held.
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 91.176 - Rules for determining reporting obligation

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of this subchapter:
(1) Enforcement Rule 221(i)(1) provides that
					 a Trust Account shall not be deemed to contain insufficient funds to pay a
					 check or similar instrument solely because it contains insufficient collected
					 funds to pay the instrument, and no report shall be required in the case of an
					 instrument presented against uncol-lected or partially uncollected funds. This
					 provision shall not be deemed an endorsement of the practice of drawing checks
					 against uncollected funds.
(2)
					 Enforcement Rule 221(i)(2) provides that funds deposited in an account prior to
					 the close of business on the calendar date of presentation of an instrument
					 shall be considered to be in the account at the close of business on that date
					 notwithstanding the Eligible Institution's treatment of such funds, for other
					 purposes, as being received at the opening of the next banking day pursuant to
					 13 Pa.C.S. §
												4108(b) (relating to items
					 or deposits received after cutoff hour).
(3) Enforcement Rule 221(i)(3) provides that
					 a check or draft against a Trust Account shall be deemed to be presented at the
					 close of business on the date of presentation.
(4) Enforcement Rule 221(j) provides that no
					 report need be made when the Eligible Institution determines that an instrument
					 presented against insufficient funds had been issued in reliance on a deposited
					 instrument that was ultimately dishonored. This provision shall not be deemed
					 an endorsement of the practice of drawing checks against uncollected
					 funds.
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 91.177 - Required records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In
					 general.
Enforcement Rule 221(e) provides that an attorney shall
					 maintain and preserve for a period of five years after termination of the
					 client-lawyer or Fiduciary relationship or after distribution or disposition of
					 the property, whichever is later, the following records:
(1) the writing required by Pa.R.P.C. 1.5
					 (relating to the requirement of a writing communicating the basis or rate of
					 the fee);
(2) the records
					 identified in Pa.R.P.C. 1.5(c) (relating to the requirement of a written fee
					 agreement and distribution statement in a contingent fee matter); and
(3) the following books and records for each
					 Trust Account and for any other account in which Rule
					 1.15 Funds are held:
(i) all transaction records provided to the
					 attorney by the Financial Institution, such as periodic statements, canceled
					 checks in whatever form, deposited items and records of electronic
					 transactions; and
(ii) check
					 register or separately maintained ledger, which shall include the payee, date,
					 purpose and amount of each check, withdrawal and transfer, the payor, date, and
					 amount of each deposit, and the matter involved for each transaction; provided,
					 however, that where an account is used to hold funds of more than one client, a
					 lawyer shall also maintain an individual ledger for each trust client, showing
					 the source, amount and nature of all funds received from or on behalf of the
					 client, the description and amounts of charges or withdrawals, the names of all
					 persons or entities to whom such funds were disbursed, and the dates of all
					 deposits, transfers, withdrawals and disbursements.
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 91.179 - Effect of failure to produce required records

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 221(g)(3) provides that failure to
						produce Pa.R.P.C. 1.15 records in response to a request or demand for such
						records may result in the initiation of proceedings pursuant to Enforcement
						Rule 208(f)(1) or (f)(5) (relating to emergency temporary suspension orders and
						related relief), the latter of which specifically permits Disciplinary Counsel
						to commence a proceeding for the temporary suspension of a respondent-attorney
						who fails to maintain or produce Pa.R.P.C. 1.15 records after receipt of a
						request or demand authorized by subdivision (g) of Enforcement Rule 221 or any
						provision of these Rules; and that if at any time a hearing is held before the
						Board pursuant to Enforcement Rule 208(f) (or §
											91.151 relating to emergency
						temporary suspension orders and related relief) as a result of a
						respondent-attorney's alleged failure to maintain or produce Pa.R.P.C. 1.15
						records, a lawyer-Member of the Board shall be designated to preside over the
						hearing.