reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 328 - Compensation and Expenses of Conservator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A conservator not associated with the
						Office of Disciplinary Counsel shall be compensated at an hourly rate identical
						to that received by court-appointed counsel at the non-court appearance rate in
						the judicial district where the conservator was appointed. When the conservator
						believes that extraordinary circumstances justify an enhanced hourly rate, the
						conservator may apply to the Board Chair for enhanced compensation. Such an
						application shall be granted only in those situations in which extraordinary
						circumstances are shown to justify enhanced compensation.
(b) The necessary expenses (including, but
						not limited to, the fees and expenses of certified public accountant engaged
						pursuant to Enforcement Rule 324(c)) and any compensation of a conservator or
						any attendant staff shall, if possible, be paid by the absent attorney or his
						or her estate. Any expenses and any compensation of the conservator that are
						not reimbursed to the Board shall be paid as a cost of disciplinary
						administration and enforcement. Payment of any costs incurred by the Board
						pursuant to this rule that have not been reimbursed to the Board may be made a
						condition of reinstatement of a formerly admitted attorney or may be ordered in
						a disciplinary proceeding brought against the absent attorney.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 329 - Review by Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any order
						entered by a court of common pleas upon an application for the appointment of a
						conservator, or arising out of the supervision, administration, operation or
						discharge of any conservatorship under these rules, shall be reviewable by the
						Supreme Court within the time and in the manner prescribed by the Pennsylvania
						Rules of Appellate Procedure for review of orders relating to the supervision
						of investigating grand juries.
(b)
						Review in the Supreme Court under this rule shall not stay proceedings below
						unless the court of common pleas or the Supreme Court or a justice thereof
						shall so order.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter D - MISCELLANEOUS PROVISIONS › Rule 401 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The salaries of the Disciplinary Board employees, their
						expenses, administrative costs, expenses of the members of the Board and of
						hearing committees, and expenses and compensation, if any, of special masters
						shall be paid by the Board out of the funds collected under the provisions of
						Enforcement Rule 219 (relating to annual registration of attorneys) and
						Enforcement Rule 208 (relating to costs). 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 such audit with 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 D - MISCELLANEOUS PROVISIONS › Rule 401 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
The salaries of the Disciplinary Board employees, their
						expenses, administrative costs, expenses of the members of the Board and of
						hearing committees, and expenses and compensation, if any, of special masters
						shall be paid by the Board out of the funds collected under the provisions of
						Enforcement Rule 219 (relating to annual registration and assessment) and
						Enforcement Rule 208 (relating to costs and fees). 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 such audit with
						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 D - MISCELLANEOUS PROVISIONS › Rule 402 - Access to Disciplinary Information and Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 provided in subdivisions (b), (d) and (k), all proceedings under these rules
					 shall be open to the public after:
(1) the
					 filing of an answer to a petition for discipline;
(2) the time to file an answer to a petition
					 for discipline has expired without an answer being filed;
(3) the filing and service of a petition for
					 reinstatement; or
(4) the Board has
					 entered an Order determining a public reprimand.
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 D - MISCELLANEOUS PROVISIONS › Rule 403 - Emeritus Status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Qualifications
. An attorney admitted in Pennsylvania who is
					 registered as retired and who seeks to provide pro bono services under this
					 rule shall transfer to emeritus status by complying with the requirements
					 listed below.
(b)
Application Procedure
. Prior to the representation described
					 in (d), an attorney shall complete and submit to the Attorney Registration
					 Office an Application for Emeritus Status which shall include the following:
(1) The name, attorney identification number,
					 telephone number, current email and residence address of the attorney, the
					 latter of which shall be an actual street address, a rural route box number, or
					 a post office box number. Upon an attorney's written request submitted to the
					 Attorney Registration Office and for good cause shown, the contact information
					 will be nonpublic information and will not be published on the Board's website
					 or otherwise disclosed;
(2) A list
					 of all courts (except courts of this Commonwealth) and jurisdictions in which
					 the attorney has been licensed to practice law, with the current status
					 thereof;
(3) Prior disciplinary
					 record in other jurisdictions;
(4)
					 The list of approved Continuing Legal Education courses that the attorney has
					 completed during the 12-month period immediately preceding the submission of
					 the Application for Emeritus Status, totaling no fewer than 6 credit hours, 5
					 of which shall be in the substantive area of law and 1 of which shall be in
					 ethics;
(5) Verification that the
					 attorney is authorized solely to provide pro bono services to eligible legal
					 aid organizations;
(6) Verification
					 that the attorney is not permitted to handle client funds;
(7) Verification that the attorney will
					 neither ask for nor receive compensation of any kind for the legal services
					 authorized under this rule;
(8) A
					 registration fee of $35.00.
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 D - MISCELLANEOUS PROVISIONS › Rule 404 - Permanent Resignation and Readmission

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Resignation while in good standing
. An attorney who is not the
					 subject of any investigation into allegations of misconduct may permanently
					 resign from the bar of this Commonwealth by submitting a written resignation to
					 the Attorney Registration Office.
(b)
Resignation while under
					 Administrative Suspension
. An attorney who is administratively
					 suspended for failure to comply with Pennsylvania Rules for Continuing Legal
					 Education or Pennsylvania Rules of Disciplinary Enforcement and not the subject
					 of any investigation into allegations of misconduct may permanently resign from
					 the bar of this Commonwealth by submitting a written resignation to the
					 Attorney Registration Office.
(c)
Readmission
. An attorney who has permanently resigned from the
					 practice of law in the Commonwealth pursuant to subdivision (a) or (b) of this
					 rule may not be reinstated under the Enforcement Rules and must seek
					 readmission to the bar pursuant to the Pennsylvania Bar Admission
					 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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › GENERAL PROVISIONS › Rule 501 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases, when used in this
						  subchapter shall have, unless the context clearly indicates otherwise, the
						  meaning given to them in this section:
"Board."
The Pennsylvania Lawyers Fund
						  for Client Security Board of Trustees.
"Covered Attorney."
An individual
						  defined in Rule 512 (relating to covered attorney).
"Claimant."
A person who makes
						  application to the Board for a disbursement from the Fund.
"Dishonest Conduct."
Conduct defined
						  in Rule 513 (relating to dishonest conduct).
"Fund."
The Pennsylvania Lawyers Fund
						  for Client Security.
"Reimbursable Losses."
Losses defined
						  in Rule 514 (relating to reimbursable losses).
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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › GENERAL PROVISIONS › Rule 501 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases, when used in this
						  subchapter shall have, unless the context clearly indicates otherwise, the
						  meaning given to them in this section:
"Board."
The Pennsylvania Lawyers Fund
						  for Client Security Board of Trustees.
"Covered Attorney."
An individual
						  defined in Rule 512 (relating to covered attorney).
"
Claimant
." A person who applies to
						  the Board for a disbursement from the Fund.
"Claimant."
A person who makes
						  application to the Board for a disbursement from the Fund.
"Dishonest Conduct."
Conduct defined
						  in Rule 513 (relating to dishonest conduct).
"Fund."
The Pennsylvania Lawyers Fund
						  for Client Security.
"Reimbursable Losses."
Losses defined
						  in Rule 514 (relating to reimbursable losses).
"
Supreme Court
." Supreme Court of
						  Pennsylvania.
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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › GENERAL PROVISIONS › Rule 502 - Pennsylvania Lawyers Fund for Client Security

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The Supreme Court shall establish a separate
						fund to be known as the "Pennsylvania Lawyers Fund for Client Security." The
						Fund shall consist of such amounts as shall be transferred to the Fund pursuant
						to this subchapter. The Fund is created by contributions of the members of the
						Bar to aid in ameliorating the losses caused to clients and others by
						defalcating members of the Bar acting as attorney or fiduciary. No Claimant or
						other person shall have any legal interest in such Fund or right to receive any
						portion thereof, except for discretionary disbursements therefrom directed by
						the Board or the Supreme Court, all payments from the Fund being a matter of
						grace and not of right. There shall be no appeal from a decision of the Board.
						A decision of the Board to grant or deny payment to a Claimant shall not be
						subject to judicial review by any court. The Supreme Court reserves the right
						to amend or repeal this subchapter.
(b)
Additional
assessment
. Every attorney who is required to pay an active
						annual assessment under Rule 219 (relating to annual registration and
						assessment) shall pay an additional annual assessment of $50.00 for use by the
						Fund. Such additional assessment shall be added to, and collected with and in
						the same manner as, the basic annual assessment. All amounts received pursuant
						to this subdivision shall be credited to the Fund.
(c)
Transfers to Fund
. The
						Administrative Office and Attorney Registration Office shall transfer to the
						Fund all bequests and gifts hereafter made for use by the Fund. All monies or
						other assets of the Fund shall constitute a trust and shall be held in the name
						of the Fund, subject to the direction of the Board.
(d)
Audit.
The Board shall
						annually obtain an independent audit of the Fund by a certified public
						accountant, and shall file a copy of such audit with the Supreme
						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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › GENERAL PROVISIONS › Rule 504 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All claims
						filed with the Fund shall be confidential and shall not be disclosed. This
						confidentiality requirement extends to all documents and things made and/or
						obtained, and all investigations and proceedings conducted and/or held by the
						Fund in connection with the filing of a claim.
(b) Notwithstanding subsection (a), the Fund,
						after an award is approved, may disclose the following information:
(1) the name of the Claimant (if Claimant has
						granted written permission to disclose or has independently publically
						disclosed the filing of a claim with the Fund);
(2) the name of the Covered
						Attorney;
(3) the amount claimed;
(4) the amount awarded; and
(5) a summary of the claim.
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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › DISHONEST CONDUCT OF ATTORNEY › Rule 511 - Reimbursement of certain losses authorized

Current through Register Vol. 54, No. 28, July 13, 2024
The Board in its discretion may authorize a
						  disbursement from the Fund in an amount not exceeding the Reimbursable Loss
						  caused by the Dishonest Conduct of a Covered Attorney.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › DISHONEST CONDUCT OF ATTORNEY › Rule 512 - Covered Attorney

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter covers conduct of a member of the bar
						  of the Supreme Court, including attorneys admitted pro hac vice and formerly
						  admitted attorneys whose clients reasonably believed the former attorney to be
						  licensed to practice when the Dishonest Conduct occurred, an active foreign
						  legal consultant, an active military attorney, an active attorney who is the
						  spouse of an active-duty service member of the United States Uniformed
						  Services, or a person holding an active Limited In-House Corporate Counsel
						  License, which conduct forms the basis of the application to the Board. The
						  conduct complained of need not have taken place in this Commonwealth for
						  application to the Board to be considered by the Board and an award granted,
						  except that an award shall not be granted with respect to conduct outside of
						  this Commonwealth of a foreign legal consultant, military attorney, an attorney
						  who is the spouse of an active-duty service member of the United States
						  Uniformed Services, or person holding a Limited In-House Corporate Counsel
						  License unless the conduct is related to the provision of legal services to a
						  resident of this Commonwealth.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › DISHONEST CONDUCT OF ATTORNEY › Rule 513 - Dishonest conduct

Current through Register Vol. 54, No. 28, July 13, 2024
For the purposes of this subchapter, dishonest conduct
						  means wrongful acts committed by a Covered Attorney in the nature of theft or
						  embezzlement of money or the wrongful taking or conversion of money or property
						  or other things of value.
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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › DISHONEST CONDUCT OF ATTORNEY › Rule 514 - Reimbursable Losses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule
. For the purposes of this subchapter reimbursable
						losses consist of those losses of money, property or other things of value
						which meet all of the following requirements:
(1) The loss:
(i) was caused by the Dishonest Conduct of a
						Covered Attorney when acting:
(A) as an
						attorney-at-law;
(B) in a fiduciary
						capacity customary to the practice of law, such as administrator, executor,
						trustee of an express trust, guardian or conservator; or
(C) as an escrow agent or other fiduciary,
						having been designated as such by a client in the matter in which the loss
						arose or having been so selected as a result of a client-attorney relationship;
						or
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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › REINSTATEMENT › Rule 531 - Restitution a Condition for Reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
The Board shall file with the Supreme Court a list
						  containing the names of all formerly admitted attorneys with respect to the
						  Dishonest Conduct of which the Board has made unrecovered disbursements from
						  the Fund. No covered attorney will be reinstated by the Supreme Court under
						  Rule 218 (relating to reinstatement proceedings), Rule 219 (relating to
						  administrative changes in status), Rule 301(h) (relating to proceedings where
						  an attorney is declared to be incapacitated or severely mentally disabled),
						  Pennsylvania Rules for Continuing Legal Education Rule 111(b) (relating to
						  noncompliance with continuing legal education rules) or who has been suspended
						  from the practice of law for any period of time, including, but not limited to
						  suspensions under Rule 208(f) (relating to emergency temporary suspension) and
						  219(g) (relating to administrative suspension) until the Covered Attorney has
						  paid in full a penalty to the Fund assessed in the amount of all disbursements
						  made from the Fund with respect to the Dishonest Conduct of such covered
						  Attorney, plus 10% per annum interest.
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 E - PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY › BANKRUPTCY FILING › Rule 532 - Duty to Report Bankruptcy Filing

Current through Register Vol. 54, No. 28, July 13, 2024
If a Covered Attorney becomes a debtor in bankruptcy
						  after having received notice either of a claim pending with the Fund against
						  the Covered Attorney or of any disbursement by the Fund with respect to a claim
						  against the Covered Attorney and the Covered Attorney has not paid the full
						  penalty to the Fund including interest in accordance with Enforcement Rule 531,
						  the Covered Attorney shall notify the Executive Director of the Fund in writing
						  of the case caption and docket number within 20 days after the Covered Attorney
						  files for bankruptcy protection. If the Covered Attorney receives notice of a
						  pending claim or disbursement after the filing of the bankruptcy petition and
						  before the conclusion of the bankruptcy case, the Covered Attorney shall give
						  the written notice required by this rule within ten days after receipt of the
						  notice of the pending claim or disbursement.
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 F - PROVISIONS OF LAW SAVED AND ABROGATED › Rule 601 - Statutes and other authorities suspended or abrogated

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following statutes are hereby
					 suspended to the extent inconsistent with these rules:
Act of July 9, 1976 (P. L. 817, No. 143), known as the
						Mental Health Procedures Act, § 111 (50 P. S. §
													7111)
72 Pa.C.S. §
													1795
						(confidential nature of contents)
(b) The practice and procedure provided in
					 all former statutes pertaining to disciplinary enforcement within the scope of
					 these rules, which have been repealed by the Judiciary Act Repealer Act
					 ("JARA"), act of April 28, 1978 (P. L. 202, No. 53), and which are now part of
					 the common law of this Commonwealth by virtue of Section 3(b) of JARA
					 (42
					 P. S. §
												20003(b)), are
					 hereby abolished and shall not continue as part of the common law of this
					 Commonwealth.
(c) These rules are
					 intended to provide a complete and exclusive procedure relating to the subject
					 matter covered hereby and except as prescribed in Rule 602 (relating to
					 Statutes saved from suspension), all statutes, rules of court and other laws
					 relating to such subject matter are hereby suspended absolutely.
(d) The act of April 29, 1988 (P. L. 373, No.
					 59), known as the Interest on Lawyers' Trust Accounts Act, is hereby suspended,
					 effective September 1, 1996, to the extent it requires remittance to the IOLTA
					 fund established under the act of interest earned on IOLTA accounts; and the
					 act is hereby suspended in its entirety at such time after September 1, 1996 as
					 all remaining monies in such IOLTA fund have been disbursed by the Lawyer Trust
					 Account Board established under the act.
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 F - PROVISIONS OF LAW SAVED AND ABROGATED › Rule 602 - Statutes saved from suspension

Current through Register Vol. 54, No. 28, July 13, 2024
No provision of these rules shall be construed to
						suspend any provision of Title 42 of the Pennsylvania Consolidated Statutes
						(relating to judiciary and judicial procedure) enacted prior to January 1,
						1980.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.1 - Title and citation of subpart

Current through Register Vol. 54, No. 28, July 13, 2024
This subpart shall be known, and may be cited, as the
					 "Disciplinary Board Rules."
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.3 - Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule.
Enforcement Rule 201(a) provides that the exclusive disciplinary
				  jurisdiction of the Supreme Court and the Board under the Enforcement Rules
				  extends to:
(1) Any attorney admitted to
				  practice law in this Commonwealth.
(2) Any attorney of another jurisdiction
				  specially admitted by a court of this Commonwealth for a particular
				  proceeding.
(3) Any formerly
				  admitted attorney, with respect to acts prior to suspension, disbarment,
				  temporary suspension, administrative suspension, permanent resignation, or
				  transfer to or assumption of retired, inactive or disability inactive status,
				  or with respect to acts subsequent thereto which amount to the practice of law
				  or constitute the violation of the Disciplinary Rules, the Enforcement Rules or
				  these rules.
(4) Any attorney who
				  is a justice, judge or magisterial district judge, with respect to acts prior
				  to taking office as a justice, judge or magisterial district judge, if the
				  Judicial Conduct Board declines jurisdiction with respect to such
				  acts.
(5) Any attorney who resumes
				  the practice of law, with respect to nonjudicial acts while in office as a
				  justice, judge or magisterial district judge.
(6) Any attorney not admitted in this
				  Commonwealth who practices law or renders or offers to render any legal service
				  in this Commonwealth.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.4 - Information and special instructions

Current through Register Vol. 54, No. 28, July 13, 2024
Information as to procedure under these rules, and
					 instructions supplementing these rules in special instances, will be furnished
					 upon application to:
(1) The Office of
				  Disciplinary Counsel, except with respect to matters which have become the
				  subject of formal proceedings.
(2)
				  The Executive Office, with respect to matters which have become the subject of
				  formal proceedings.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.5 - Location of Office of Disciplinary Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Chief Disciplinary
				  Counsel
. The location of the headquarters of the Office of
				  Disciplinary Counsel and the office of the Chief Disciplinary Counsel is:
Office of Disciplinary Counsel The Disciplinary Board of
					 the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth
					 Avenue, Suite 2700 P. O. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990
					 (fax:(717) 783-4963)
(b)
Disciplinary District Offices
. The present locations of the
				  district offices of the Office of Disciplinary Counsel for each such
				  disciplinary district are:
(1) District I
				  Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme
				  Court of Pennsylvania 1601 Market Street Suite 3320 Philadelphia, PA 19103-2337
				  (215-560-6296) (fax: 215-560-4528)
(2) District II Office Office of Disciplinary
				  Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 170
				  820 Adams Avenue Trooper, PA 19403-2328 (610-650-8210) (fax:
				  610-650-8213)
(3) District III
				  Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme
				  Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue,
				  Suite 5800 PO Box 62675 Harrisburg, PA 17106-2675 (717-772-8572) (fax:
				  717-772-7463)
(4) District IV
				  Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme
				  Court of Pennsylvania Suite 1300, Frick Building 437 Grant Street Pittsburgh,
				  PA 15219-6002 (412-565-3173) (fax: 412-565-7620)
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.6 - Location of Executive Office

Current through Register Vol. 54, No. 28, July 13, 2024
The location of the Executive Office is:
Executive Office The Disciplinary Board of the Supreme
					 Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue,
					 Suite 5600 PO Box 62625 Harrisburg, PA 17106-2625 (717-231-3380) (fax:
					 717-231-3381)
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.7 - Grounds for discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Enforcement Rule 203(a) provides that acts or omissions by a person subject to
				  the Enforcement Rules, individually or in concert with any other person or
				  persons, which violate the Disciplinary Rules shall constitute misconduct and
				  shall be grounds for discipline, whether or not the act or omission occurred in
				  the course of an attorney-client relationship.
(b) Enforcement Rule 203(b) provides that the
				  following shall also be grounds for discipline:
(1) Conviction of a crime.
(2) Wilful failure to appear before the
				  Supreme Court, the Board or Disciplinary Counsel for censure, public or private
				  reprimand, or informal admonition.
(3) Wilful violation of any other provision
				  of the Enforcement Rules.
(4)
				  Failure by a respondent-attorney without good cause to comply with any order
				  under the Enforcement Rules of the Supreme Court, the Board, a hearing
				  committee or special master.
(5)
				  Ceasing to meet the requirements for licensure as a foreign legal consultant
				  set forth in Pennsylvania Bar Admission Rule 341 (a)(1) or (3) (relating to
				  licensing of foreign legal consultants).
(6) Making a material misrepresentation of
				  fact or deliberately failing to disclose a material fact in connection with an
				  application submitted under the Pennsylvania Bar Admission Rules.
(7) Failure by a respondent-attorney without
				  good cause to respond to Disciplinary Counsel's request (Form DB-7) or
				  supplemental request (Form DB-7A) under §
											87.7(b) of these
				  rules for a statement of the respondent-attorney's
				  position.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.8 - Types of discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 204(a) provides that misconduct
				  shall be grounds for any of the following:
(1) Disbarment by the Supreme
				  Court.
(2) Suspension by the
				  Supreme Court for a period not exceeding five years.
(3) Public censure by the Supreme Court with
				  or without probation.
(4) Probation
				  by the Supreme Court under supervision provided by the Board.
(5) Public reprimand by the Board with or
				  without probation.
(6) Private
				  reprimand by the Board with or without probation.
(7) Private informal admonition by
				  Disciplinary Counsel.
(8)
				  Revocation of an attorney's admission or license to practice law in the
				  circumstances provided in
				  85.7(b)(6)
				  (relating to grounds for discipline).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.9 - Immunity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Board
				  personnel.
Enforcement Rule 209(b) provides that members of the Board,
				  members of hearing committees, special masters, Disciplinary Counsel and staff
				  shall be immune from civil suit for any conduct in the course of their official
				  duties; and that, for purposes of this subsection, the staff of the Board shall
				  be deemed to include conservators and sobriety, financial or practice monitors
				  appointed pursuant to these rules.
(b)
Other persons.
Enforcement Rule 209(b) further provides that all communications to the Board,
				  a hearing committee, special master, or Disciplinary Counsel relating to
				  misconduct by a respondent-attorney and all testimony given in a proceeding
				  conducted pursuant to these rules shall be absolutely privileged and the person
				  making the communication or giving the testimony shall be immune from civil
				  suit based upon such communication or testimony.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.10 - Stale matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. The Office of Disciplinary Counsel or the Board
				  shall not entertain any complaint arising out of acts or omissions occurring
				  more than four years prior to the date of the complaint, except as provided in
				  subsection (b).
(b)
Exceptions
.
(1) The four
				  year limitation in subsection (a) shall not apply in cases involving theft or
				  misappropriation, conviction of a crime or a knowing act of
				  concealment.
(2) When litigation
				  has resulted in a finding that the subject acts or omissions involved civil
				  fraud, ineffective assistance of counsel or prosecutorial misconduct by the
				  respondent-attorney, a complaint may be entertained if filed or opened within:
(i) four years of the subject acts or
				  omissions; or
(ii) two years after
				  the litigation in which the finding was made becomes final, whichever date is
				  later.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.11 - Recusal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule.
Enforcement Rule 220(a) provides that a member of the Board or a
				  hearing committee member or a special master shall withdraw from participating
				  in a matter or proceeding where there is a substantial showing that the member
				  or special master cannot participate in a fair and reasonable manner, including
				  but not limited to instances where the member or special master:
(1) has a fixed bias or prejudice for or
				  against the respondent-attorney, or personal knowledge of disputed evidentiary
				  facts relating to the matter or proceeding;
(2) served as a lawyer in connection with any
				  events relating to the matter or proceeding, or a lawyer with whom the member
				  or special master practices law served as a lawyer in connection with any
				  events relating to the matter or proceeding;
(3) individually or as a fiduciary, or any
				  minor child of the member or special master living in his or her household or
				  the spouse of the member or special master, has a financial interest in any
				  events relating to the matter or proceeding.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.12 - Filings with the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Enforcement Rule 104(a) provides that Rules 121
				  through 124 of the Pennsylvania Rules of Appellate Procedure shall be
				  applicable to all filings with the Supreme Court under this Subpart.
(b)
Exception
. Enforcement
				  Rule 104(b) provides that, notwithstanding subsection (a), any express
				  procedural requirement in this Subpart shall be controlling over the applicable
				  provision of the Rules of Appellate Procedure.
(c)
Centralized filing.
Enforcement Rule 104(c) provides that all filings with the Supreme Court under
				  this Subpart 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 C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 85 - GENERAL PROVISIONS › Section 85.13 - Verification by respondent-attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
Every pleading or response to a letter requesting statement
					 of position under §
										87.7(b) of these
					 rules submitted by or on behalf of a respondent-attorney in any proceeding
					 under these rules that contains an averment of fact not appearing of record or
					 a denial of fact shall include or be accompanied by a verified statement signed
					 by the respondent-attorney that the averment or denial is true based upon the
					 respondent-attorney's personal knowledge or information and belief. The
					 respondent-attorney need not aver the source of the information or expectation
					 of ability to prove the averment or denial. The verified statement may be based
					 upon personal knowledge as to a part and upon information and belief as to the
					 remainder.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.1 - Initiation of investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
At direction of Board.
Upon the order of the Board (with the
						concurrence of at least five members of the Board), the Office of Disciplinary
						Counsel shall promptly undertake and complete an investigation of such conduct
						of any attorney or attorneys as may be specified in the order.
(b)
By the Office of Disciplinary
						Counsel on its own motion.
Except as otherwise provided by §
												87.4 (relating to preliminary
						screening and docketing of complaints) the Office of Disciplinary Counsel shall
						promptly undertake and complete an investigation of all matters involving
						alleged violations of the Disciplinary Rules called to its attention by written
						complaint filed pursuant to §
												87.2 (relating to contents of
						complaint) and may timely undertake and complete an investigation of any other
						matters otherwise coming to the attention of such Office.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.2 - Manner of filing, form, and contents of complaint

Current through Register Vol. 54, No. 28, July 13, 2024
Any person who alleges misconduct against an attorney
						  may file a complaint, which may be in either paper or electronic form.
(a) A written complaint may be in the form of
						a letter or other appropriate writing, or submitted on an official complaint
						form (Form DB-2). Complaints in paper form may be filed by mail, facsimile
						transmission, or delivery in person to the location identified in §
												85.5(a)
						(relating to location of the Office of the Chief Disciplinary Counsel) or one
						of the locations identified in §
												85.5(b)
						(relating to the locations of the Disciplinary District Offices).
(b) The filing of complaints electronically
						shall be conducted only through electronic means approved by the Board.
						Instructions for electronic filing and protocols shall be available on the
						Disciplinary Board's website.
(c) A
						complaint shall be signed by the complainant and shall contain a statement of
						the facts upon which the complaint is based. Submission of a complaint through
						electronic means signifies intent to sign. Verification of the complaint shall
						not be required. If necessary the Office of Disciplinary Counsel will assist
						the complainant in reducing the grievance to writing.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.3 - Distribution of complaint forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Office of Disciplinary Counsel shall provide each
						  person who alleges misconduct against an attorney with a blank paper complaint
						  form, or direct such person to the electronic form.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.4 - Preliminary screening and docketing of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
Complaints received by the Office of Disciplinary
						  Counsel against Disciplinary Counsel involving alleged violations of the
						  Disciplinary Rules shall be transmitted forthwith to the Executive Office for
						  disposition pursuant to §
												93.52(d)(2)
						  (relating to communications and filings generally). All other complaints shall
						  be assigned a docket number consisting of the letter "C", the number of the
						  disciplinary district to which the matter will be assigned, the last two digits
						  of the calendar year in which the matter is docketed, and the serial number of
						  the matter in such disciplinary district in such calendar year, e.g.:
						  "C4-73-1," etc.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.5 - Transmission to disciplinary district office for investigation

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 208(a)(1) provides that all
						  investigations, whether upon complaint or otherwise, shall be initiated and
						  conducted by Disciplinary Counsel. The complaint shall be transmitted to the
						  district office of the Office of Disciplinary Counsel for the appropriate
						  district as determined by § 93.2 (relating to venue).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.6 - Investigation

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the policy supervision and control of the
						  Chief Disciplinary Counsel, the investigative staff of the district office
						  shall make such investigation of the complaint and report thereon as may be
						  appropriate.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.7 - Notification to respondent-attorney of complaint and duty to respond; duty to produce Pa.R.P.C. 1.15's required records and effect of failure to produce

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Condition precedent to recommendation for discipline.
Disciplinary Counsel shall not recommend or undertake a disposition of
						discipline under Enforcement Rule 204 (relating to types of discipline) until
						the respondent-attorney has been notified of the allegations and the time for
						response under subdivision (b)(2) of this rule, if applicable, has
						expired.
(b)
Transmission
						of notice.
Except as provided in subsection (a) of this section, the
						district office shall prepare and forward to the respondent-attorney Form DB-7
						(Request for Statement of Respondent's Position), advising the
						respondent-attorney of:
(1) the nature of the
						grievance and if the investigation has not been initiated by the Office of
						Disciplinary Counsel pursuant to
						87.1(b)
						(relating to initiation of investigations), the name and address of the
						complainant; and
(2) the
						requirement that the respondent-attorney respond to the allegations against the
						respondent-attorney by filing with the district office a statement of position.
						Unless a shorter time is fixed by the Chief Disciplinary Counsel in such
						notice, the respondent-attorney shall have 30 days from the date of such notice
						within which to file a statement of position in the district office.
The notice requirements of this subdivision (b) shall
						  be applicable to any Form DB-7A (Supplemental Request for Statement of
						  Respondent's Position), in which case the notice shall advise the
						  respondent-attorney of the requirement that the respondent-attorney respond to
						  the supplemental allegations by filing with the district office a statement of
						  position with respect thereto.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › COMPLAINTS › Section 87.8 - District office action or recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(a)(2) provides that upon the conclusion of an
						investigation, Disciplinary Counsel may dismiss the complaint as frivolous, as
						falling outside the jurisdiction of the Board, or on the basis of Board policy
						or prosecutorial discretion. Disciplinary Counsel may recommend:
(1) Dismissal of the complaint.
(2) A conditional or unconditional informal
						admonition of the attorney concerned.
(3) A conditional or unconditional private
						reprimand by the Board of the attorney concerned.
(4) A conditional or unconditional public
						reprimand by the Board of the attorney concerned.
(5) The prosecution of formal charges before
						a hearing committee or special master.