reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › CLIENT-LAWYER RELATIONSHIP › Rule 1.13 - Organization as Client

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer
						employed or retained by an organization represents the organization acting
						through its duly authorized constituents.
(b) If a lawyer for an organization knows
						that an officer, employee or other person associated with the organization is
						engaged in action, intends to act or refuses to act in a matter related to the
						representation that is a violation of a legal obligation to the organization,
						or a violation of law which reasonably might be imputed to the organization,
						and is likely to result in substantial injury to the organization, the lawyer
						shall proceed as is reasonably necessary in the best interest of the
						organization. In determining how to proceed, the lawyer shall give due
						consideration to the seriousness of the violation and its consequences, the
						scope and nature of the lawyer's representation, the responsibility in the
						organization and the apparent motivation of the person involved, the policies
						of the organization concerning such matters and any other relevant
						considerations. Any measures taken shall be designed to minimize disruption of
						the organization and the risk of revealing information relating to the
						representation to persons outside the organization. Such measures may include
						among others:
(1) asking for reconsideration
						of the matter;
(2) advising that a
						separate legal opinion on the matter be sought for presentation to appropriate
						authority in the organization; and
(3) referring the matter to higher authority
						in the organization, including, if warranted by the seriousness of the matter,
						referral to the highest authority that can act on behalf of the organization as
						determined by applicable law.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › CLIENT-LAWYER RELATIONSHIP › Rule 1.16 - Declining or Terminating Representation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as stated in paragraph (c), a
						lawyer shall not represent a client or, where representation has commenced,
						shall withdraw from the representation of a client if:
(1) the representation will result in
						violation of the Rules of Professional Conduct or other law;
(2) the lawyer's physical or mental condition
						materially impairs the lawyer's ability to represent the client; or
(3) the lawyer is
						discharged.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › CLIENT-LAWYER RELATIONSHIP › Rule 1.17 - Sale of Law Practice

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer or law firm may, for consideration, sell or
						  purchase a law practice, or an area of practice, including good will, if the
						  following conditions are satisfied:
(a) The seller ceases to engage in the
						private practice of law, or in the area of practice that has been sold, in
						Pennsylvania; however, the seller is not prohibited from assisting the
						purchaser in the orderly transition of active client matters for a reasonable
						period after the closing without a fee.
(b) The seller sells the entire practice, or
						the entire area of practice, to one or more lawyers or law firms.
(c) The seller gives written notice to each
						of the seller's clients, which notice must include at a minimum:
(1) notice of the proposed transfer of the
						client's representation, including the identity and address of the
						purchaser;
(2) a statement that the
						client has the right to representation by the purchaser under the preexisting
						fee arrangements;
(3) a statement
						that the client has the right to retain other counsel or to take possession of
						the file; and
(4) a statement that
						the client's consent to the transfer of the representation will be presumed if
						the client does not take any action or does not otherwise object within 60 days
						of receipt of the notice.
If a client cannot be given notice, the representation
						  of that client may be transferred to the purchaser only upon entry of an order
						  so authorizing by a court having jurisdiction. The seller may disclose to the
						  court in camera information relating to the representation only to the extent
						  necessary to obtain an order authorizing the transfer of a
						  file.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › CLIENT-LAWYER RELATIONSHIP › Rule 1.19 - Lawyers Acting as Lobbyists

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						lawyer acting as lobbyist, as defined in any statute, resolution passed or
						adopted by either house of the Legislature, regulation promulgated by the
						Executive Branch or any agency of the Commonwealth of Pennsylvania, or
						ordinance enacted by a local government unit, shall comply with all regulation,
						disclosure, or other requirements of such statute, resolution, regulation or
						ordinance which are consistent with the Rules of Professional
						Conduct.
(b) Any disclosure of
						information relating to representation of a client made by the lawyer-lobbyist
						in order to comply with such statute, resolution, regulation or ordinance is a
						disclosure explicitly authorized to carry out the representation and does not
						violate Rule 1.6.
(c) A lawyer
						whose service as a public officer or public employee of a governmental body
						concludes on or after June 1, 2023, shall not act as a lobbyist, as defined in
						any statute, resolution passed or adopted by either house of the Legislature,
						regulation promulgated by the Executive Branch or any agency of the
						Commonwealth of Pennsylvania or ordinance enacted by a local government unit,
						on any matter before the governmental body with which the lawyer had been
						associated for one year after termination of the lawyer's service as a public
						officer or public employee.
Comment:
(1) A "local government unit" includes county
						and municipal or local authorities in the Commonwealth.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.1 - Meritorious Claims and Contentions

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall not bring or defend a proceeding, or
						  assert or controvert an issue therein, unless there is a basis in law and fact
						  for doing so that is not frivolous, which includes a good faith argument for an
						  extension, modification or reversal of existing law. A lawyer for the defendant
						  in a criminal proceeding, or the respondent in a proceeding that could result
						  in incarceration, may nevertheless so defend the proceeding as to require that
						  every element of the case be established.
Comment:
(1) The advocate has a duty to use legal
						procedure for the fullest benefit of the client's cause, but also a duty not to
						abuse legal procedure. The law, both procedural and substantive, establishes
						the limits within which an advocate may proceed. However, the law is not always
						clear and never is static. Accordingly, in determining the proper scope of
						advocacy, account must be taken of the law's ambiguities and potential for
						change.
(2) The filing of an action
						or defense or similar action taken for a client is not frivolous merely because
						the facts have not first been fully substantiated or because the lawyer expects
						to develop vital evidence only by discovery. What is required of lawyers,
						however, is that they inform themselves about the facts of their clients' cases
						and the applicable law and determine that they can make good faith arguments in
						support of their clients' positions. Such action is not frivolous even though
						the lawyer believes that the client's position ultimately will not prevail. The
						action is frivolous, however, if the lawyer is unable either to make a good
						faith argument on the merits of the action taken or to support the action taken
						by a good faith argument for an extension, modification or reversal of existing
						law.
(3) The lawyer's obligations
						under this Rule are subordinate to federal or state constitutional law that
						entitles a defendant in a criminal matter to the assistance of counsel in
						presenting a claim or contention that otherwise would be prohibited by this
						Rule.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.2 - Expediting Litigation

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall make reasonable efforts to expedite
						  litigation consistent with the interests of the client.
Comment:
(1) Dilatory practices bring the
						administration of justice into disrepute. Although there will be occasions when
						a lawyer may properly seek a postponement for personal reasons, it is not
						proper for a lawyer to routinely fail to expedite litigation solely for the
						convenience of the advocates. Nor will a failure to expedite be reasonable if
						done for the purpose of frustrating an opposing party's attempt to obtain
						rightful redress or repose. It is not a justification that similar conduct is
						often tolerated by the bench and bar. The question is whether a competent
						lawyer acting in good faith would regard the course of action as having some
						substantial purpose other than delay. Realizing financial or other benefit from
						otherwise improper delay in litigation is not a legitimate interest of the
						client.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.3 - Candor Toward the Tribunal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer
						shall not knowingly:
(1) make a false
						statement of material fact or law to a tribunal or fail to correct a false
						statement of material fact or law previously made to the tribunal by the
						lawyer;
(2) fail to disclose to the
						tribunal legal authority in the controlling jurisdiction known to the lawyer to
						be directly adverse to the position of the client and not disclosed by opposing
						counsel; or
(3) offer evidence that
						the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness
						called by the lawyer, has offered material evidence before a tribunal or in an
						ancillary proceeding conducted pursuant to a tribunal's adjudicative authority,
						such as a deposition, and the lawyer comes to know of its falsity, the lawyer
						shall take reasonable remedial measures, including, if necessary, disclosure to
						the tribunal. A lawyer may refuse to offer evidence, other than the testimony
						of a defendant in a criminal matter, that the lawyer reasonably believes is
						false.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.4 - Fairness to Opposing Party and Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall not:
(a) unlawfully obstruct another party's
						access to evidence or unlawfully alter, destroy or conceal a document or other
						material having potential evidentiary value or assist another person to do any
						such act;
(b) falsify evidence,
						counsel or assist a witness to testify falsely, pay, offer to pay, or acquiesce
						in the payment of compensation to a witness contingent upon the content of the
						witness' testimony or the outcome of the case; but a lawyer may pay, cause to
						be paid, guarantee or acquiesce in the payment of:
(1) expenses reasonably incurred by a witness
						in attending or testifying,
(2)
						reasonable compensation to a witness for the witness' loss of time in attending
						or testifying, and
(3) a reasonable
						fee for the professional services of an expert witness;
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.5 - Impartiality and Decorum of the Tribunal

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall not:
(a) seek to influence a judge, juror,
						prospective juror or other official by means prohibited by law;
(b) communicate ex parte with such a person
						during the proceeding unless authorized to do so by law or court
						order;
(c) communicate with a juror
						or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or
						court order;
(2) the juror has made
						known to the lawyer a desire not to communicate; or
(3) the communication involves
						misrepresentation, coercion, duress or harassment; or
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.6 - Trial Publicity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						lawyer who is participating or has participated in the investigation or
						litigation of a matter shall not make an extrajudicial statement that the
						lawyer knows or reasonably should know will be disseminated by means of public
						communication and will have a substantial likelihood of materially prejudicing
						an adjudicative proceeding in the matter.
(b) Notwithstanding paragraph (a), a lawyer
						may state:
(1) the claim, offense or defense
						involved and, except when prohibited by law, the identity of the persons
						involved;
(2) information contained
						in a public record;
(3) that an
						investigation of the matter is in progress ;
(4) the scheduling or result of any step in
						litigation;
(5) a request for
						assistance in obtaining evidence and information necessary thereto;
(6) a warning of danger concerning the
						behavior of a person involved, when there is reason to believe that there
						exists the likelihood of substantial harm to an individual or to the public
						interest; and
(7) in a criminal
						case, in addition to subparagraphs (1) through (6):
(i) the identity, residence, occupation and
						family status of the accused;
(ii)
						if the accused has not been apprehended, information necessary to aid in
						apprehension of that person;
(iii)
						the fact, time and place of arrest; and
(iv) the identity of investigating and
						arresting officers or agencies and the length of the
						investigation.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.9 - Advocate in Nonadjudicative Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer representing a client before a legislative
						  body or administrative agency in a nonadjudicative proceeding shall disclose
						  that the appearance is in a representative capacity and shall conform to the
						  provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.
Comment:
(1) In representation before bodies such as
						legislatures, municipal councils, and executive and administrative agencies
						acting in a rule-making or policy-making capacity, lawyers present facts,
						formulate issues and advance argument in the matters under consideration. The
						decision-making body, like a court, should be able to rely on the integrity of
						the submissions made to it. A lawyer appearing before such a body must deal
						with it honestly and in conformity with applicable rules of procedure. See
						Rules 3.3(a) through (c), 3.4 and 3.5.
(2) Lawyers have no exclusive right to appear
						before nonadjudicative bodies, as they do before a court. The requirements of
						this Rule therefore may subject lawyers to regulations inapplicable to
						advocates who are not lawyers. However, legislatures and administrative
						agencies have a right to expect lawyers to deal with them as they deal with
						courts.
(3) This Rule only applies
						when a lawyer represents a client in connection with an official hearing or
						meeting of a governmental agency or a legislative body to which the lawyer or
						the lawyer's client is presenting evidence or argument. It does not apply to
						representation of a client in a negotiation or other bilateral transaction with
						a governmental agency or in connection with an application for a license or
						other privilege or the client's compliance with generally applicable reporting
						requirements, such as the filing of income-tax returns. Nor does it apply to
						the representation of a client in connection with an investigation or
						examination of the client's affairs conducted by government investigators or
						examiners. Representation in such matters is governed by Rules
						4.1 through 4.4.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › ADVOCATE › Rule 3.10 - Issuance of Subpoenas to Lawyers

Current through Register Vol. 54, No. 28, July 13, 2024
A public prosecutor or other governmental lawyer shall
						  not, without prior judicial approval, subpoena an attorney to appear before a
						  grand jury or other tribunal investigating criminal activity in circumstances
						  where the prosecutor or other governmental lawyer seeks to compel the
						  attorney/witness to provide evidence concerning a person who is or has been
						  represented by the attorney/witness.
Comment:
(1) It is intended that the required "prior
						judicial approval" will normally be withheld unless, after a hearing conducted
						with due regard for the need for appropriate secrecy, the court finds (1) the
						information sought is not protected from disclosure by Rule
						1.6, the attorney-client
						privilege or the work product doctrine;
(2) the evidence sought is relevant to the
						proceeding;
(3) compliance with the
						subpoena would not be unreasonable or oppressive;
(4) the purpose of the subpoena is not
						primarily to harass the attorney/witness or his or her client; and
(5) there is no other feasible alternative to
						obtain the information sought.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS › Rule 4.3 - Dealing with Unrepresented Person

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						In dealing on behalf of a client with a person who is not represented by
						counsel, a lawyer shall not state or imply that the lawyer is
						disinterested.
(b) During the
						course of a lawyer's representation of a client, a lawyer shall not give advice
						to a person who is not represented by a lawyer, other than the advice to secure
						counsel, if the lawyer knows or reasonably should know the interests of such
						person are or have a reasonable possibility of being in conflict with the
						interests of the lawyer's client.
(c) When the lawyer knows or reasonably
						should know that the unrepresented person misunderstands the lawyer's role in
						the matter, the lawyer should make reasonable efforts to correct the
						misunderstanding.
Comment:
(1) An unrepresented person, particularly one
						not experienced in dealing with legal matters, might assume that a lawyer is
						disinterested in loyalties or is a disinterested authority on the law even when
						the lawyer represents a client. In order to avoid a misunderstanding, a lawyer
						will typically need to identify the lawyer's client and, where necessary,
						explain that the client has interests opposed to those of the unrepresented
						person. For misunderstandings that sometimes arise when a lawyer for an
						organization deals with an unrepresented constituent, see Rule
						1.13(d).
(2) The Rule distinguishes
						between situations involving unrepresented persons whose interests may be
						adverse to those of the lawyer's client and those in which the person's
						interests are not in conflict with the client's. In the former situation, the
						possibility that the lawyer will compromise the unrepresented person's
						interests is so great that the Rule prohibits the giving of any advice, apart
						from the advice to obtain counsel. Whether a lawyer is giving impermissible
						advice may depend on the experience and sophistication of the unrepresented
						person, as well as the setting in which the behavior and comments occur. This
						Rule does not prohibit a lawyer from negotiating the terms of a transaction or
						settling a dispute with an unrepresented person. So long as the lawyer has
						explained that the lawyer represents an adverse party and is not representing
						the person, the lawyer may inform the person of the terms on which the lawyer's
						client will enter into an agreement or settle a matter, prepare documents that
						require the person's signature and explain the lawyer's own view of the meaning
						of the document or the lawyer's view of the underlying legal
						obligations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › LAW FIRMS AND ASSOCIATIONS › Rule 5.2 - Responsibilities of a Subordinate Lawyer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						A lawyer is bound by the Rules of Professional Conduct notwithstanding that the
						lawyer acts at the direction of another person.
(b) A subordinate lawyer does not violate the
						Rules of Professional Conduct if that lawyer acts in accordance with a
						supervisory lawyer's reasonable resolution of an arguable question of
						professional duty.
Comment:
(1) Although a lawyer is not relieved of
						responsibility for a violation by the fact that the lawyer acted at the
						direction of a supervisor, that fact may be relevant in determining whether a
						lawyer had the knowledge required to render conduct a violation of the Rules.
						For example, if a subordinate filed a frivolous pleading at the direction of a
						supervisor, the subordinate would not be guilty of a professional violation
						unless the subordinate knew of the document's frivolous character.
(2) When lawyers in a supervisor-subordinate
						relationship encounter a matter involving professional judgment as to ethical
						duty, the supervisor may assume responsibility for making the judgment.
						Otherwise a consistent course of action or position could not be taken. If the
						question can reasonably be answered only one way, the duty of both lawyers is
						clear and they are equally responsible for fulfilling it. However, if the
						question is reasonably arguable, someone has to decide upon the course of
						action. That authority ordinarily reposes in the supervisor, and a subordinate
						may be guided accordingly. For example, if a question arises whether the
						interests of two clients conflict under Rule
						1.7, the supervisor's reasonable
						resolution of the question should protect the subordinate professionally if the
						resolution is subsequently challenged.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › LAW FIRMS AND ASSOCIATIONS › Rule 5.4 - Professional Independence of a Lawyer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer or law firm shall not share
						legal fees with a nonlawyer, except that:
(1)
						an agreement by a lawyer with the lawyer's firm, partner, or associate may
						provide for the payment of money, over a reasonable period of time after the
						lawyer's death, to the lawyer's estate or to one or more specified
						persons;
(2) a lawyer who
						undertakes to complete unfinished legal business of a deceased lawyer may pay
						to the estate of the deceased lawyer that portion of the total compensation
						which fairly represents the services rendered by the deceased lawyer;
(3) a lawyer or law firm may include
						nonlawyer employees in a compensation or retirement plan, even though the plan
						is based in whole or in part on a profit-sharing arrangement;
(4) a lawyer or law firm may purchase the
						practice of another lawyer or law firm from an estate or other eligible person
						or entity consistent with Rule
						1.17; and
(5) a lawyer may share court-awarded legal
						fees with a nonprofit organization that employed, retained or recommended
						employment of the lawyer in the matter.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › LAW FIRMS AND ASSOCIATIONS › Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice Of Law

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer shall not practice law in a
						jurisdiction in violation of the regulation of the legal profession in that
						jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice
						in this jurisdiction shall not:
(1) except as
						authorized by these Rules, Pa.B.A.R. 302 or other law, establish an office or
						other systematic and continuous presence in this jurisdiction for the practice
						of law; or
(2) hold out to the
						public or otherwise represent that the lawyer is admitted to practice law in
						this jurisdiction.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › LAW FIRMS AND ASSOCIATIONS › Rule 5.6 - Restrictions on Right to Practice

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall not participate in offering or
						  making:
(a) a partnership,
						shareholders, operating, employment, or other similar type of agreement that
						restricts the right of a lawyer to practice after termination of the
						relationship, except an agreement concerning benefits upon retirement or an
						agreement for the sale of a law practice consistent with Rule 1.17;
						or
(b) an agreement in which a
						restriction on the lawyer's right to practice is part of the settlement of a
						client controversy.
Comment:
(1) An agreement restricting the right of
						lawyers to practice after leaving a firm not only limits their professional
						autonomy but also limits the freedom of clients to choose a lawyer. Paragraph
						(a) prohibits such agreements except for restrictions incident to provisions
						concerning retirement benefits for service with the firm.
(2) Paragraph (b) prohibits a lawyer from
						agreeing not to represent other persons in connection with settling a claim on
						behalf of a client.
(3) This Rule
						does not apply to prohibit restrictions that may be included in the terms of
						the sale of a law practice pursuant to Rule 1.17.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › LAW FIRMS AND ASSOCIATIONS › Rule 5.8 - Dealing in Investment Products: Prohibitions and Restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer shall not broker, offer to sell,
						sell, or place any investment product unless separately licensed to do
						so.
(b) A lawyer shall not
						recommend or offer an investment product to a client or any person with whom
						the lawyer has a fiduciary relationship, or invest funds belonging to such a
						person in an investment product, if the lawyer or a person related to the
						lawyer:
(1) has an interest in compensation
						paid or provided by a person other than the client or person with whom the
						lawyer has a fiduciary relationship; or
(2) has an ownership interest in the entity
						that sponsors, insures, underwrites, manages, or issues the investment
						product.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › PUBLIC SERVICE › Rule 6.1 - Voluntary Pro Bono Publico Service

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer should render public interest legal service.
						  A lawyer may discharge this responsibility by providing professional services
						  at no fee or a reduced fee to persons of limited means or to public service or
						  charitable groups or organizations, by service in activities for improving the
						  law, the legal system or the legal profession, and by financial support for
						  organizations that provide legal services to persons of limited means.
Comment:
(1) The ABA House of Delegates has formally
						acknowledged "the basic responsibility of each lawyer engaged in the practice
						of law to provide public interest legal services" without fee, or at a
						substantially reduced fee, in one or more of the following areas: poverty law,
						civil rights law, public rights law, charitable organization representation and
						the administration of justice. This Rule expresses that policy but is not
						intended to be enforced through disciplinary process.
(2) The rights and responsibilities of
						individuals and organizations in the United States are increasingly defined in
						legal terms. As a consequence, legal assistance in coping with the web of
						statutes, rules and regulations is imperative for persons of modest and limited
						means, as well as for the relatively well-to-do.
(3) The basic responsibility for providing
						legal services for those unable to pay ultimately rests upon the individual
						lawyer, and personal involvement in the problems of the disadvantaged can be
						one of the most rewarding experiences in the life of a lawyer. Every lawyer,
						regardless of professional prominence or professional workload, should find
						time to participate in or otherwise support the provision of legal services to
						the disadvantaged. The provision of free legal services to those unable to pay
						reasonable fees continues to be an obligation of each lawyer as well as the
						profession generally, but the efforts of individual lawyers are often not
						enough to meet the need. Thus, it has been necessary for the profession and
						government to institute additional programs to provide legal services.
						Accordingly, legal aid offices, lawyer referral services and other related
						programs have been developed, and others will be developed by the profession
						and government. Every lawyer should support all proper efforts to meet this
						need for legal services.
(4) Law
						firms should act reasonably to enable and encourage all lawyers in the firm to
						provide the pro bono legal services called for by this Rule.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › PUBLIC SERVICE › Rule 6.2 - Accepting Appointments

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall not seek to avoid appointment by a
						  tribunal to represent a person except for good cause, such as:
(a) representing the client is likely to
						result in violation of the Rules of Professional Conduct or other
						law;
(b) representing the client is
						likely to result in an unreasonable financial burden on the lawyer;
						or
(c) the client or the cause is
						so repugnant to the lawyer as to be likely to impair the client-lawyer
						relationship or the lawyer's ability to represent the client.
Comment:
(1) A lawyer ordinarily is not obliged to
						accept a client whose character or cause the lawyer regards as repugnant. The
						lawyer's freedom to select clients is, however, qualified. All lawyers have a
						responsibility to assist in providing pro bono publico service. See Rule
						6.1. An individual lawyer
						fulfills this responsibility by accepting a fair share of unpopular matters or
						indigent or unpopular clients. A lawyer may also be subject to appointment by a
						court to serve unpopular clients or persons unable to afford legal services.
Appointed Counsel
(2) For good cause a lawyer may seek to
						decline an appointment to represent a person who cannot afford to retain
						counsel or whose cause is unpopular. Good cause exists if the lawyer could not
						handle the matter competently, see Rule
						1.1, or if undertaking the
						representation would result in an improper conflict of interest, for example,
						when the client or the cause is so repugnant to the lawyer as to be likely to
						impair the client-lawyer relationship or the lawyer's ability to represent the
						client. A lawyer may also seek to decline an appointment if acceptance would be
						unreasonably burdensome, for example, when it would impose a financial
						sacrifice so great as to be unjust.
(3) An appointed lawyer has the same
						obligations to the client as retained counsel, including the obligations of
						loyalty and confidentiality, and is subject to the same limitations on the
						client-lawyer relationship, such as the obligation to refrain from assisting
						the client in violation of the Rules.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › PUBLIC SERVICE › Rule 6.3 - Membership in Legal Services Organization

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer may serve as a director, officer or member of
						  a legal services organization, apart from the law firm in which the lawyer
						  practices, notwithstanding that the organization serves persons having
						  interests adverse to a client of the lawyer. The lawyer shall not knowingly
						  participate in a decision or action of the organization:
(a) if participating in the decision or
						action would be incompatible with the lawyer's obligations to a client under
						Rule 1.7; or
(b) where the decision
						or action could have a material adverse effect on the representation of a
						client of the organization whose interests are adverse to a client of the
						lawyer.
Comment:
(1) Lawyers should be encouraged to support
						and participate in legal service organizations. A lawyer who is an officer or a
						member of such an organization does not thereby have a client-lawyer
						relationship with persons served by the organization. However, there is
						potential conflict between the interests of such persons and the interests of
						the lawyer's clients. If the possibility of such conflict disqualified a lawyer
						from serving on the board of a legal services organization, the profession's
						involvement in such organizations would be severely curtailed.
(2) It may be necessary in appropriate cases
						to reassure a client of the organization that the representation will not be
						affected by conflicting loyalties of a member of the board. Established,
						written policies in this respect can enhance the credibility of such
						assurances.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › PUBLIC SERVICE › Rule 6.4 - Law Reform Activities Affecting Client Interests

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer may serve as a director, officer or member of
						  an organization involved in reform of the law or its administration
						  notwithstanding that the reform may affect the interests of a client of the
						  lawyer. When the lawyer knows that the interests of a client may be materially
						  benefited by a decision in which the lawyer participates, the lawyer shall
						  disclose that fact but need not identify the client.
Comment:
(1) Lawyers involved in organizations seeking
						law reform generally do not have a client-lawyer relationship with the
						organization. Otherwise, it might follow that a lawyer could not be involved in
						a bar association law reform program that might indirectly affect a client. See
						also Rule
						1.2(b). For
						example, a lawyer specializing in antitrust litigation might be regarded as
						disqualified from participating in drafting revisions of rules governing that
						subject. In determining the nature and scope of participation in such
						activities, a lawyer should be mindful of obligations to clients under other
						Rules, particularly Rule
						1.7. A lawyer is professionally
						obligated to protect the integrity of the program by making an appropriate
						disclosure within the organization when the lawyer knows a private client might
						be materially benefited.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › PUBLIC SERVICE › Rule 6.5 - Nonprofit and Court Appointed Limited Legal Services Programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer who, under the auspices of a
						program sponsored by a nonprofit organization or court, provides short-term
						limited legal services to a client without expectation by either the lawyer or
						the client that the lawyer will provide continuing representation in the
						matter:
(1) is subject to Rules
						1.7 and
						1.9(a) only if
						the lawyer knows that the representation of the client involves a conflict of
						interest; and
(2) is subject to Rule
						1.10 only if the lawyer knows
						that another lawyer associated with the lawyer in a law firm is disqualified by
						Rule 1.7 or
						1.9(a) with
						respect to the matter.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › INFORMATION ABOUT LEGAL SERVICES › Rule 7.1 - Communications Concerning a Lawyer's Service

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall not make a false or misleading
						  communication about the lawyer or the lawyer's services. A communication is
						  false or misleading if it contains a material misrepresentation of fact or law,
						  or omits a fact necessary to make the statement considered as a whole not
						  materially misleading.
Comment:
(1) This Rule governs all communications
						about a lawyer's services, including advertising permitted by Rule
						7.2. Whatever means are used to
						make known a lawyer's services, statements about them must be
						truthful.
(2) Truthful statements
						that are misleading are also prohibited by this Rule. A truthful statement is
						misleading if it omits a fact necessary to make the lawyer's communication
						considered as a whole not materially misleading. A truthful statement is also
						misleading if there is a substantial likelihood that it will lead a reasonable
						person to formulate a specific conclusion about the lawyer or the lawyer's
						services for which there is no reasonable factual foundation.
(3) An advertisement that truthfully reports
						a lawyer's achievements on behalf of clients or former clients may be
						misleading if presented so as to lead a reasonable person to form an
						unjustified expectation that the same results could be obtained for other
						clients in similar matters without reference to the specific factual and legal
						circumstances of each client's case. Similarly, an unsubstantiated comparison
						of the lawyer's services or fees with the services or fees of other lawyers may
						be misleading if presented with such specificity as would lead a reasonable
						person to conclude that the comparison can be substantiated. The inclusion of
						an appropriate disclaimer or qualifying language may preclude a finding that a
						statement is likely to create unjustified expectations or otherwise mislead the
						public.
(4) See also Rule
						8.4(e) for the
						prohibition against stating or implying an ability to influence improperly a
						government agency or official or to achieve results by means that violate the
						Rules of Professional Conduct or other law.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › INFORMATION ABOUT LEGAL SERVICES › Rule 7.2 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to the
						requirements of Rule
						7.1, a lawyer may advertise
						services through written, recorded or electronic communications, including
						public media, not within the purview of Rule
						7.3.
(b) A copy or recording of an advertisement
						or written communication shall be kept for two years after its last
						dissemination along with a record of when and where it was used. This record
						shall include the name of at least one lawyer responsible for its
						content.
(c) A lawyer shall not
						give anything of value to a person for recommending the lawyer's services,
						except that a lawyer may pay:
(1) the
						reasonable cost of advertisements or written communications permitted by this
						Rule;
(2) the usual charges of a
						lawyer referral service or other legal service organization; and
(3) for a law practice in accordance with
						Rule 1.17.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › INFORMATION ABOUT LEGAL SERVICES › Rule 7.4 - Communication of Fields of Practice and Specialization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer may communicate the fact that
						the lawyer does or does not practice in particular fields of law. A lawyer
						shall not state that the lawyer is a specialist except as follows:
(1) a lawyer admitted to engage in patent
						practice before the United States Patent and Trademark Office may use the
						designation "patent attorney" or a substantially similar designation;
(2) a lawyer engaged in admiralty practice
						may use the designation "admiralty," "proctor in admiralty" or a substantially
						similar designation;
(3) a lawyer
						who has been certified by an organization approved by the Supreme Court of
						Pennsylvania as a certifying organization in accordance with paragraph (b) may
						advertise the certification during such time as the certification of the lawyer
						and the approval of the organization are both in effect;
(4) a lawyer may communicate that the lawyer
						is certified in a field of practice only when that communication is not false
						or misleading and that certification is granted by the Supreme Court of
						Pennsylvania.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › INFORMATION ABOUT LEGAL SERVICES › Rule 7.6 - Rescinded

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › INFORMATION ABOUT LEGAL SERVICES › Rule 7.7 - Lawyer Referral Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer
						shall not accept referrals from a lawyer referral service if the service
						engaged in communication with the public or direct contact with prospective
						clients in a manner that would violate the Rules of Professional Conduct if the
						communication or contact were made by the lawyer.
(b) A "lawyer referral service" is any
						person, group of persons, association, organization or entity that receives a
						fee or charge for referring or causing the direct or indirect referral of a
						potential client to a lawyer drawn from a specific group or panel of lawyers.
Comment:
(1) This Rule prevents a lawyer from
						circumventing the Rules of Professional Conduct by using a lawyer referral
						service or similar organization which would not be subject to the Rules of
						Professional Conduct. A lawyer may pay the usual charges of a lawyer referral
						service. A lawyer may not, however, share legal fees with a non-lawyer. See
						Rule 5.4(a).