reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 102 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
These rules are adopted to assure that lawyers
					 admitted to practice in the Commonwealth of Pennsylvania continue their
					 education to have and maintain the requisite knowledge and skill necessary to
					 fulfill their professional responsibilities.
(b)
Definitions.
Subject to
					 any definitions contained in subsequent rules, the following words and phrases,
					 when used in these rules shall have, unless the context clearly indicates
					 otherwise, the following meanings:
Active Lawyer
-A member in good standing
						of the bar of the Supreme Court of Pennsylvania, who is not an active or senior
						member of the judiciary. A lawyer who is active for any part of a year must
						comply with these rules.
Administrative Office
-The Administrative
						Office of Pennsylvania Courts.
Administrator
-The head of the
						administrative staff of the Board.
Board
-The Continuing Legal Education
						Board established by these rules.
CLE
-Continuing legal education to be
						provided under these rules.
Compliance Period
-The twelve month time
						period assigned to a lawyer within which he or she must comply with their
						annual CLE requirement, except during the implementation period from July 1,
						1992 through December 31, 1993.
Fiscal Year
-The fiscal year of the
						Board which shall end December 31.
Provider
-A corporation or association
						which has been accredited by the Board to provide continuing legal education
						under these rules or a corporation or association which provides one (1) or
						more continuing legal education courses approved by the Board.
Supreme Court
-The Supreme Court of
						Pennsylvania existing under Section 2 of Article V of the Constitution of
						Pennsylvania.
Verified Statement
-A document filed
						with the Board or the Supreme Court under these rules containing statements of
						fact and a statement by the signatory that it is made subject to the penalties
						of
						18 Pa. C.S.A. §
													4904
						(relating to unsworn falsification to authorities).
(c)
Gender; Number; Tense:
In these rules the masculine shall include the feminine, and the feminine shall
					 include the masculine; the singular shall include the plural, and the plural,
					 the singular; words used in the past or present tense shall include the
					 future.
(d)
Effective
					 date:
These rules shall become effective on the first day of the sixth
					 month following their adoption by the Supreme Court.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 103 - Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Establishment.
The Supreme Court hereby establishes the Continuing
					 Legal Education Board ("Board").
(b)
Constituency.
The Board
					 shall consist of ten (10) members appointed by the Supreme Court. Each member
					 of the Board shall be an active member of the Bar of this Commonwealth with his
					 or her primary residency in the Commonwealth of Pennsylvania.
(c)
Organization.
The
					 Supreme Court shall appoint from the members of the Board a chairman and a vice
					 chairman. The Board may designate such other officers and form such committees
					 as it deems appropriate.
(d)
Board Member Terms.
The regular term of members of the Board
					 shall be for three (3) years, and no member may serve for more than two (2)
					 consecutive three-year terms. The terms of a third of the members, as nearly as
					 may be, shall expire at the end of the fiscal year. The terms of the first
					 Board shall be staggered so that three members shall be appointed for three
					 years, three members for two year terms, and three members for a one year
					 term.
(e)
Action by
					 Board.
Five Board members in office shall constitute a quorum. The
					 Board shall act only with the concurrence of not less than five Board members.
					 The Board may adopt rules providing for the holding of teleconference
					 meetings.
(f)
Compensation
					 and Expenses.
Board members shall receive no compensation for services
					 provided under these rules. Board members shall be reimbursed by the Board for
					 their reasonable and necessary expenses in attendance at meetings and in
					 otherwise fulfilling their responsibilities.
(g)
Immunity.
The Board,
					 and its members, employees and agents are immune from all civil liability for
					 conduct and communications occurring in the performance of their official
					 duties relating to the administration of the continuing legal education
					 requirements.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 104 - Powers and Duties of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
					 administer these rules;
(b) To
					 adopt regulations and procedures consistent with these rules;
(c) To report to the Supreme Court at least
					 annually and at such other times as the Supreme Court shall require;
(d) To recommend a budget for approval by the
					 Supreme Court, to receive monies and to expend funds for operation of the Board
					 to fulfill its duties under these rules;
(e) To employ an administrator and such other
					 staff as may be required from time to time;
(f) To accredit providers of CLE;
(g) To approve subjects which will receive
					 credit for CLE requirements;
(h) To
					 audit, examine, inspect and review the operations of providers, including
					 instructors, classes, curricula, teaching materials, facilities, income and
					 receipts from CLE to assure compliance with these rules and any rules adopted
					 by the Board;
(i) To impose
					 sanctions on providers where appropriate;
(j) To impose reasonable fees upon providers
					 for support of Board operations and to reimburse the Board for expenditures
					 relating to providers generally or to impose reasonable fees upon a provider
					 for expenditures relating to such provider or its operation; and
(k) To impose reasonable fees upon active
					 lawyers to reimburse the Board for expenditures relating to active lawyers
					 generally or to impose reasonable fees upon an active lawyer for expenditures
					 relating to such active lawyer.
(l)
					 Provided, however, that all fees imposed by the Board shall be approved by the
					 Supreme Court.
(m) To issue
					 subpoenas and cause testimony to be taken under oath in any investigation or
					 proceeding before the Board, Board member(s) or hearing examiner appointed by
					 the Board. All subpoenas shall be issued in the name and under the seal of The
					 Pennsylvania Supreme Court and served as provided by the Pennsylvania Rules of
					 Civil Procedure.
(n) To order the
					 testimony of a witness be taken by deposition within or without this
					 Commonwealth in the manner prescribed and extent required for the taking of
					 depositions in civil actions.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 105 - Continuing Legal Education Requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Requirement
.
1. Every active lawyer shall annually
					 complete, during the compliance period to which he or she is assigned; the CLE
					 required by the Board pursuant to these Rules and established in Board
					 regulations.
2. CLE shall be on the
					 subjects of:
(i) substantive law, practice and
					 procedure,
(ii) lawyer ethics and
					 the rules of professional conduct,
(iii) professionalism,
(iv) substance abuse as it affects lawyers
					 and the practice of law.
3. The minimum annual CLE requirement shall
					 be nine (9) hours, effective September 1, 1994, and twelve (12) hours,
					 effective September 1, 1995.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 106 - Providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligibility
.
1.
Accredited providers.
A corporation or association may apply
					 to the Board for accreditation as a CLE provider. Such accreditation shall
					 constitute prior approval of CLE courses offered by such provider, subject to
					 amendment, suspension or revocation of such accreditation by the
					 Board.
2.
Course
					 providers.
A corporation or association may apply to the Board for
					 approval of CLE courses under Rule 107 and upon such approval, and while any
					 course offered remains approved, such corporation or association shall be
					 deemed a provider subject to these rules.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 107 - Minimum Standards for Course Approval

Current through Register Vol. 54, No. 28, July 13, 2024
To be approved for credit, a CLE course or activity must
						meet the following standards:
(a) The
					 course shall be of intellectual or practical content.
(b) The course shall contribute directly to
					 lawyers' professional competence or skills, or to their education with respect
					 to their professional or ethical obligations;
(c) If a course does not bear entirely on the
					 general requirements for CLE or the practice of law or the substance of laws,
					 practice or procedure or if the method of presenting the course is below
					 minimum standards, the Board may assign partial credit;
(d) Each faculty member must possess the
					 necessary practical or academic skills to conduct the course effectively.
					 Subjects should normally be taught by lawyers or judges;
(e) While written materials need not be
					 distributed for every course, thorough, high quality, readable, carefully
					 prepared written materials should be distributed to all participants at or
					 before the time the course is offered whenever practicable;
(f) The course shall be presented in a
					 suitable setting devoted to the educational activity of the program. No CLE
					 shall consist solely of television viewing in the home, correspondence work, or
					 self study, except as the Board shall approve to accommodate the needs of the
					 handicapped or incapacitated. Video, motion picture or audio tape presentations
					 may be used provided a faculty person is in attendance at all presentations to
					 comment and answer questions. Distance learning programs may be approved if
					 they meet interactive, technical and accreditation standards set forth by the
					 Board;.
(g) The course must be open
					 to any lawyer thought to be interested in the subject matter.
(h) The Board shall adopt rules which will
					 allow providers to obtain prior approval of CLE courses or which may allow
					 providers to obtain post presentation approval of CLE courses subject to the
					 right of the Board to adjust the credit as provided in subsection
					 (c).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 108 - Credit for Continuing Legal Education Courses and Activity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Credit
. Participants
					 shall receive credit of one (1) hour for each sixty (60) minutes actually spent
					 in attendance at an approved course.
(b)
Law school courses
.
					 Courses by an ABA accredited law school, other than those required for a legal
					 degree, which otherwise comply with these rules, shall qualify for
					 credit.
(c)
CLE credit for
					 preparation
. The Board shall establish rules for credit to be given to
					 faculty members for the preparation of CLE courses which qualify for credit
					 under these rules.
(d)
Carry over credits
. A balance of credit hours in excess of the
					 current annual CLE requirement may be carried forward for the next two (2)
					 succeeding years. No more than two times the current annual CLE requirement may
					 be carried forward into the two succeeding years.
(e) The number of credits earned by distance
					 learning education that may be applied to the annual compliance requirement
					 shall not exceed six (6).
(f)
Pro Bono CLE.
The number of credits earned by providing approved pro
						bono service that may be applied to the annual compliance requirement shall not
						exceed three (3).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 109 - Financing the Continuing Legal Education Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provider fee
. The cost
					 of establishing, maintaining and operating the Board shall be paid by providers
					 through a fee per credit established by the Board and paid to the Board at the
					 time of the filing of the enrollment form. In the discharge of its
					 responsibility, the Board shall adjust as far as possible any fee schedule
					 adopted so as to reduce the financial impact on lawyers in the early years of
					 practice and the sole practitioner generally.
(b)
Effect of non-payment
.
					 If payment is not received by a due date to be established by the Board, a
					 lawyer shall be deemed not to have fulfilled the lawyer CLE requirements, and
					 the Board may impose sanctions on the provider, including revocation of
					 accreditation.
(c)
Audit
. The Board shall annually obtain an independent audit by
					 a certified public accountant of the funds entrusted to it and their
					 disposition and shall file a copy of the audit with the Supreme
					 Court.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 110 - Reporting Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Provider report
. Providers shall enroll attendees at CLE
					 courses and shall file a written form with the Board or provide an electronic
					 transmission to the Board listing all participants seeking CLE credit under
					 these Rules in a format approved by the Board within thirty (30) days of the
					 date of presentation of the course. The Board shall require verified statements
					 as to the accuracy of the report it receives.
(b)
CLE Compliance Report.
The Board will notify each lawyer of his or her CLE status days prior to the
					 end of the compliance period to which the lawyer has been assigned and will
					 provide a final compliance notice after the end of the compliance
					 period.
(c)
Assumed
					 compliance
. The lawyer whose Board report indicates compliance with
					 the CLE requirement may assume that he or she is in compliance.
(d)
Disputed reports
. If a
					 lawyer shall disagree with the enrollment or annual reporting forms, the lawyer
					 shall within thirty (30) days of the date thereof notify the Board in writing
					 setting forth the matter in dispute.
(e)
Board review.
The Board
					 shall establish regulations providing for review of its determination of the
					 CLE credits earned by a lawyer and for resolving disputes.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 111 - Lawyer Noncompliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification
. If a lawyer shall fail to comply with these
					 rules or if a lawyer is determined by the Board to be deficient in his or her
					 CLE requirement, such lawyer shall be so notified in writing by the Board of
					 the nature of such noncompliance and shall be given (60) days to remedy such
					 noncompliance.
(b)
Sanctions
. If the Board finds the lawyer not in compliance
					 with these rules or the regulations of the Board, it shall so report to the
					 Supreme Court and recommend that the lawyer be placed on inactive
					 statue.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 112 - Reporting of Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board shall report to the Supreme Court the names of
						all lawyers who are not in compliance under these rules, the names of all
						lawyers reinstated hereunder, and the names of all lawyers who have been
						granted waivers and extensions of CLE requirements by the Board and the basis
						therefor.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter A - PROFESSIONAL RESPONSIBILITY › Rule 113 - Waivers and Extensions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be strictly enforced but waivers of
						strict compliance with these rules or extensions of time deadlines provided in
						these rules may be made by the Board in cases of undue hardship or for other
						compelling reasons in accordance with the following:
(a)
Waiver
. When a lawyer on
					 active status, because of circumstances beyond his or her control, cannot in
					 any reasonable manner meet the requirement for continuing education in any
					 given reporting year, these rules may be waived, in whole or in part.
(b)
Application for Waiver
.
					 The application for waiver shall set forth the reason why the lawyer cannot
					 comply with the minimum requirements of these rules; shall set forth the
					 efforts made to comply; and shall be accompanied by a plan setting forth how
					 the lawyer expects to continue his or her legal education during the period of
					 time for which strict compliance is waived.
(c)
Termination of Waiver
.
					 Waivers may be granted by the Board for such period as the Board may determine.
					 Upon termination of the waiver, the Board may make such additional educational
					 requirements as it deems appropriate.
(d)
Extensions of Time
. The
					 Board may grant an extension of time for the completion of a lawyer's CLE
					 requirements upon such terms as the Board shall require.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Preamble. Statement of Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The public properly expects that lawyers, in the
						practice of the law, will maintain throughout their careers certain standards
						of professional competence and ethical behavior. These regulations prescribe
						the standards for the implementation of the Orders of the Supreme Court of
						Pennsylvania of January 7, 1992, July 1, 1992, August 21, 1992, November 29,
						1993, February 1, 1994, June 22, 1994, March 7, 1995, and September 17, 1996,
						promulgating the Pennsylvania Rules for Continuing Legal Education and
						mandating continuing legal education requirements for Pennsylvania lawyers.
						These regulations have been amended several times. As of here and now, the
						following regulations are in effect.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Lawyers who are or become registered to practice law in
						Pennsylvania on or after July 1, 1992, must complete a program of continuing
						legal education as provided by the rules and these regulations. There shall be
						no exemptions from this requirement under any circumstance except in the
						limited instances described in these regulations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 3 - Minimum Education Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Every active lawyer shall complete the following annual
						CLE minimum requirements:
(a)
					 Commencing January 1, 1994, the CLE requirement for each compliance group shall
					 be a minimum of one (1) hour of ethics, professionalism, or substance abuse and
					 a minimum of five (5) hours of substantive law, practice and
					 procedure.
(b) Commencing September
					 1, 1994, the CLE requirement for each compliance group shall be a minimum of
					 one (1) hour of ethics, professionalism, or substance abuse and a minimum of
					 eight (8) hours of substantive law, practice and procedure and shall be first
					 applicable to the compliance groups as follows:
Compliance Group II August 31, 1995
Compliance Group III December 31, 1995
Compliance Group I April 30, 1996
(c) Commencing September 1, 1995, the CLE
					 requirement shall be a minimum of one (1) hour of ethics, professionalism, or
					 substance abuse and a minimum of eleven (11) hours of substantive law, practice
					 and procedure and shall be first applicable to the compliance groups as
					 follows:
Group II August 31, 1996
Group III December 31, 1996
Group I April 30, 1997
(
Editor's Note
: Section 3(d) was added
						January 23, 2014, effective immediately.)
(d) Commencing January 30, 2014, the CLE
					 requirement shall be a minimum of (2) hours of ethics, professionalism, or
					 substance abuse and a minimum of (10) ten hours of substantive law, practice
					 and procedure and shall be first applicable to the compliance groups as
					 follows:
Group I April 30, 2015
Group II August 31, 2015
Group III December 31, 2015
(
Editor's Note
: Section 3(e) was
						redesignated from subsection (d) to subsection (e) January 23, 2014, effective
						immediately.)
(e) CLE
					 credits for ethics, professionalism, or substance abuse may be applied to any
					 substantive law, practice and procedure requirement.
(
Editor's Note
: Section 3(f) was added
						May 9, 2018, effective immediately.)
(f) The CLE requirement for lawyers with an
					 Emeritus status shall be a minimum of two (2) hours of ethics, professionalism
					 or substance abuse and a minimum of six (6) hours of substantive law, practice
					 and procedure.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 4 - Reporting Periods of Active Lawyers

Current through Register Vol. 54, No. 28, July 13, 2024
All active lawyers shall have one (1) year compliance
						periods. To aid administration of the program, all active lawyers shall be
						divided into three (3) compliance groups ("Compliance Groups").
The Board will assign all active lawyers into one (1) of
						three (3) compliance groups by random selection utilizing the attorney
						identification number. Every lawyer will be notified by the Board following
						their assignment to a compliance group. The Board will assign newly registered
						lawyers to a compliance group on a random basis.
Compliance Group 1 must complete the annual CLE
						requirement by April 30 of each year.
Compliance Group 2 must complete the annual CLE
						requirement by August 31 of each year.
Compliance Group 3 must complete the annual CLE
						requirement by December 31 of each year.
Lawyers newly admitted to practice law in Pennsylvania,
						including lawyers admitted on motion from other states, shall be exempt from
						the requirements of these regulations for twelve (12) months but no more than
						twenty-four (24) months from the date of their Pennsylvania admission depending
						upon the compliance group to which the newly admitted lawyer is assigned and
						the compliance period for that group. Newly admitted lawyers shall complete
						their CLE requirement, including the Bridge the Gap program, by the end of
						their next succeeding compliance period.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 5 - Credit for CLE Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Standards.
1. Credit
					 will be given only for completion of CLE activities which are accredited by the
					 Board.
2. One (1) hour of credit
					 will be awarded for each sixty (60) minutes of instruction, not including
					 introductory remarks, keynote speeches, luncheon speeches or breaks, but
					 including question-and-answer periods.
3. No provider shall schedule a class for
					 less than sixty (60) minutes, but one-half hour credit shall be awarded for
					 attendance of at least thirty (30) minutes but less than sixty (60) minutes
					 beyond the initial sixty (60) minutes.
4. Courses offered by an accredited
					 continuing legal education provider shall be presumed to be accredited for the
					 amount of time designated by the provider.
5. Courses offered by a provider which is not
					 an accredited continuing legal education provider but which otherwise comply
					 with the rules and these regulations shall be submitted to the Board pursuant
					 to Section 12 of these regulations for review and may be given such credit, if
					 any, as the Board deems appropriate.
6. If a course does not bear entirely on any
					 of the subjects of:
(i) substantive law,
					 practice and procedure,
(ii) lawyer
					 ethics and the rules of professional conduct,
(iii) professionalism,
(iv) substance abuse as it affects lawyers
					 and the practice of law or the method of presenting the course is below minimum
					 standards, the Board may determine that such course is entitled to no credit or
					 may assign such partial credit as it deems appropriate.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 6 - Waivers, Extensions and Deferrals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Waiver.
The Board may waive the CLE requirements of the rules
					 and these regulations for a period of not more than one (1) year upon a finding
					 by the Board of:
1. Undue hardship.
2. Circumstances beyond the control of the
					 lawyer which prevent him or her from complying in any reasonable manner with
					 the CLE requirement.
A waiver may be extended upon application to the Board
						and Board approval. Upon termination of the waiver, the Board may make such
						additional CLE requirements as it deems appropriate.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 7 - Lawyer Compliance Determination

Current through Register Vol. 54, No. 28, July 13, 2024
The Board shall maintain current records of CLE
						attendance for each lawyer to whom the rules and these regulations apply. These
						records shall be made available as the Board shall determine.
The Board will notify each lawyer of his or her CLE
						status prior to the final day of the compliance period to which the lawyer has
						been assigned and will provide a final compliance notice after the end of the
						compliance period. The CLE requirement must be completed by the final day of
						the compliance period to which the lawyer has been assigned. The final
						compliance notice shall include the hours earned during the compliance period
						which have been reported by providers and carryover hours.
If a lawyer shall disagree with the final compliance
						notice, the lawyer shall within thirty (30) days of the date thereof notify the
						Board in writing setting forth the matter in dispute.
Each active lawyer shall maintain records sufficient to
						establish compliance with the CLE requirement in the event of a dispute with
						the final compliance report.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 9 - Reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer placed
					 on inactive status for noncompliance under the rules and these regulations may
					 petition the Disciplinary Board of the Supreme Court of Pennsylvania for
					 reinstatement to active status pursuant to the Disciplinary Rules. Upon written
					 request of the lawyer seeking reinstatement, the Board shall certify to the
					 Disciplinary Board whether the lawyer is in compliance. Only verified
					 attendance at sufficient hours of approved CLE activities for the current
					 compliance year and the two most recent compliance years, plus payment of all
					 fees, shall constitute compliance with the requirements of the rules and these
					 regulations.
(b) Within thirty (30)
					 days after service of the written request for certification, the Board shall
					 make a determination regarding compliance and advise the Disciplinary Board and
					 the lawyer in writing as to the determination.
(c) Upon reinstatement, the lawyer shall pay
					 the Board's reinstatement fee.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 10 - Reporting Period After Reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
The first compliance period for a lawyer who is
						reinstated as an active lawyer following an involuntary transfer from active
						status for noncompliance under the rules and these regulations or a suspension
						or disbarment or following resignation shall start on the date of reinstatement
						and shall end at the conclusion of the lawyer's current compliance
						period.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 11 - Accreditation of Accredited Continuing Legal Education Providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application may
					 be made for accreditation as an Accredited Continuing Legal Education Provider
					 by submitting the appropriate form to the Board and paying the required
					 fee.
(b) The grant of accreditation
					 shall be effective for a period of two (2) years from date of the grant. The
					 accreditation may be continued for an additional two (2) year period as
					 follows:
1. The accredited status of a
					 Certified Continuing Legal Education Provider may be continued by filing an
					 application and paying the required fee with the Board before the end of the
					 provider's accreditation period.
2.
					 The Board shall determine if there are pending or past breaches of the rules or
					 these regulations, and the Board, at its discretion, may condition continuation
					 upon the provider meeting additional requirements specified by the
					 Board.
3. If an application for
					 continuation is timely filed, the accredited status shall continue until the
					 Board acts on the application for continuation.
4. If an application for continuation is not
					 filed before the end of the provider's accreditation period, the provider's
					 accredited status will terminate at the end of the period. Any application
					 received thereafter shall be considered by the Board as an initial application
					 for accredited provider status.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 12 - Accreditation of a Single Course or CLE Activity

Current through Register Vol. 54, No. 28, July 13, 2024
A provider of CLE activities which has not qualified as
						an Accredited Continuing Legal Education Provider or a lawyer may apply for
						accreditation of a single CLE activity on a form provided by the Board. The
						Board may require submission of a detailed description of the provider, the
						course, the course materials and the lectures.
(a) Application for accreditation of a single
					 CLE activity should be submitted prior to the date of presentation of the
					 activity if possible. Application for retroactive approval must be made within
					 two (2) years of the date of presentation. CLE activities held before January
					 1, 1994 will not be approved.
(b)
					 Publication that the CLE activity has been accredited is prohibited unless
					 prior written approval is granted by the Board.
(c) The CLE activity must meet the standards
					 set forth in the rules and these regulations.
(d) The Board shall accredit courses offered
					 and conducted outside the territory of the Commonwealth of Pennsylvania by for
					 profit corporations or associations where such courses meet the requirements of
					 the rules and these regulations. Such accreditation shall apply to courses to
					 be conducted on and after January 1, 1997. The Board shall accredit courses
					 offered on and after September 1, 2000 without regard to the geographic
					 location of the course when such courses otherwise meet the requirements of the
					 rules and these regulations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 13 - Standards for Approved CLE Activities

Current through Register Vol. 54, No. 28, July 13, 2024
All CLE activities approved for credit shall meet the
						following standards:
(a) The activity
					 shall have significant intellectual or practical content, the primary objective
					 of which is to improve the participants' professional competence and ethical
					 behavior.
(b) The activity shall be
					 an organized program of learning to deal with matters directly related to
					 subjects which satisfy the objectives of the rules and these
					 regulations.
(c) Each CLE activity
					 shall be open to all lawyers thought to be interested in the subject matter and
					 there shall be no attendance restrictions, except as may be permitted by the
					 Board, upon application from a provider, where:
1. Attendance is restricted on objective
					 criteria for a bona fide educational objective to enhance the CLE
					 activity.
2. Attendance is
					 restricted due to applicable State or federal law.
3. Membership in the provider organization is
					 open to all interested lawyers, on reasonable non-discriminatory basis and
					 cost.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 14 - Reporting Duties of All Providers

Current through Register Vol. 54, No. 28, July 13, 2024
Accredited Continuing Legal Education Providers and
						providers of CLE activities which are accredited in accordance with the rules
						and these regulations are required to take attendance and to report attendance
						at each accredited activity to the Board and pay the fees required by Section
						18 within thirty (30) days of the completion of the accredited course or
						activity. This report will be on a form prescribed by the Board. The procedure
						for completing and filing such reports shall be determined by the
						Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 15 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Accreditation.
Where a CLE activity has been accredited or the
					 activity is offered by an Accredited Continuing Legal Education Provider, the
					 provider shall announce, in its brochures and/or registration materials: "This
					 program has been approved by the Pennsylvania Continuing Legal Education Board
					 for [applicable] hours of substantive law, practice and procedure CLE credit
					 and [applicable] hours of ethics, professionalism or substance abuse CLE
					 credit."
(b)
CLE
					 Activities.
Providers are encouraged to widely advertise CLE
					 activities. The Board will make mailing lists of lawyers and its automated
					 telephone service of upcoming CLE activities available to Accredited Continuing
					 Legal Education Providers. The Board may impose a charge for such
					 services.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 16 - Provider Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All providers
					 of CLE activities, including Accredited Continuing Legal Education Providers,
					 shall, as a condition of accreditation, agree to remit a fee for each active
					 lawyer attending the activity. The fee shall be remitted within thirty (30)
					 days after the activity is held, together with the attendance report required
					 by Section 14. The amount of the fee shall be fixed annually by the
					 Board.
(b) The Board may impose
					 late charges on providers for failure to meet the requirements of the rules or
					 these regulations.
(c) If a
					 provider shall fail to pay any fee or cost established by the Board when due,
					 upon ten (10) days written notice from the Board to the provider, the Board may
					 suspend or terminate the accreditation of the provider or cancel accreditation
					 of any or all of the provider's CLE activities.
(d) If a provider fails to pay to the Board
					 the provider fees required by the Board, the lawyers who attended these
					 accredited activities and who are seeking credit for such attendance, may, in
					 the discretion of the Board, be required to pay the designated fee before
					 receiving such credit.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 17 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
The files, records and proceedings of the Board as they
						relate to or arise out of any alleged failure of a lawyer to satisfy the
						requirements of the rules or these regulations shall be deemed confidential and
						shall not be disclosed except in furtherance of the duties of the Board or upon
						the request of the lawyer affected or as they may be introduced in evidence or
						otherwise produced in proceedings under these regulations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 18 - Board Fee Schedule

Current through Register Vol. 54, No. 28, July 13, 2024
Following is a schedule of fees established by the Board
						to be paid by providers and lawyers. This schedule will be reviewed annually by
						the Board and may be modified at any time upon approval by the Pennsylvania
						Supreme Court.
Fee to accompany application for designation as
								  an Accredited Continuing Legal Education Provider
$250.00*
Fee to accompany application for continuation as
								  an Accredited Provider reporting Electronically
$100.00*
Fee to accompany application for continuation as
								  an Accredited Provider reporting on paper
$250.00*
Fee per credit hour to be paid by provider with
								  attendance certification
$ 1.50
Fee per credit hour to be paid by lawyer for
								  certification when fee not paid by provider
$ 1.50
Fee per credit hour when lawyer requests CLE
								  credit for teaching course
$ 1.50
Fee to accompany request by lawyer for certified
								  copy of lawyer's record with the Board
$25.00
Filing fee to accompany request for hearing
								  concerning dispute of Board's determination of lawyer's CLE
								  credit
$25.00
Filing fee to accompany request for hearing
								  concerning lawyers noncompliance
$25.00
Filing fee to accompany application for waiver of
								  CLE requirement
$25.00
Filing fee to accompany application for extension
								  to complete CLE requirement
$50.00
Reinstatement fee
$100.00
Filing fee to accompany request for hearing upon
								  denial of reinstatement
$25.00
Fee for late compliance with annual CLE
								  requirement
$100.00
Fee for continued late compliance with annual CLE
								  requirement
$100.00
Fee to accompany application to accredit single
								  CLE activity
$25.00
Fee to accompany application for non-resident
								  active status
$25.00
The following charges are to be paid by a
								  provider for failure to comply with the rules or these regulations:
First non-compliance
$100.00
Second non-compliance
$200.00
Third non-compliance
$300.00
Fourth non-compliance
$400.00
Fifth and succeeding
								  non-compliance
...$500.00
* Effective January 1, 2002
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter A - PRELIMINARY PROVISIONS › Rule 101 - Title and citation of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Pennsylvania Rules of
						Disciplinary Enforcement and may be cited as "Pa. R.D.E."
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter A - PRELIMINARY PROVISIONS › Rule 103 - Authority for Enforcement Rules

Current through Register Vol. 54, No. 28, July 13, 2024
The Supreme Court declares that it has inherent and
						exclusive power to supervise the conduct of attorneys who are its officers
						(which power is reasserted in Section 10(c) of Article V of the Constitution of
						Pennsylvania) and in furtherance thereof promulgates these
						rules.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter A - PRELIMINARY PROVISIONS › Rule 104 - Filings with the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Rules 121 through 124 of the Pennsylvania Rules
					 of Appellate Procedure shall be applicable to all filings with the Supreme
					 Court under these rules.
(b)
Exception
. Notwithstanding subdivision (a), an express
					 procedural requirement in these rules shall be controlling over the applicable
					 provision of the Rules of Appellate Procedure.
(c)
Centralized filing
. All
					 filings with the Supreme Court under these rules shall be made only with the
					 Court Prothonotary , and the person making a filing shall not distribute copies
					 to the members of the Court.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter B - MISCONDUCT › Rule 201 - Jurisdiction

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