reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › MAINTAINING THE INTEGRITY OF THE PROFESSION › Rule 8.1 - Bar Admission and Disciplinary Matters

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant for admission to the bar, or a lawyer in
						  connection with a bar admission application or in connection with a
						  disciplinary matter, shall not:
(a)
						knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to
						correct a misapprehension known by the person to have arisen in the matter, or
						knowingly fail to respond to a lawful demand for information from an admissions
						or disciplinary authority, except that this Rule does not require disclosure of
						information otherwise protected by Rule
						1.6.
Comment:
(1) The duty imposed by this Rule extends to
						persons seeking admission to the bar as well as to lawyers. Hence, if a person
						makes a material false statement in connection with an application for
						admission, it may be the basis for subsequent disciplinary action if the person
						is admitted, and in any event may be relevant in a subsequent admission
						application. The duty imposed by this Rule applies to a lawyer's own admission
						or discipline as well as that of others. Thus, it is a separate professional
						offense for a lawyer to knowingly make a misrepresentation or omission in
						connection with a disciplinary investigation of the lawyer's own conduct.
						Paragraph (b) of this Rule also requires correction of any prior misstatement
						in the matter that the applicant or lawyer may have made and affirmative
						clarification of any misunderstanding on the part of the admissions or
						disciplinary authority of which the person involved becomes aware.
(2) This Rule is subject to the provisions of
						the fifth amendment of the United States Constitution and corresponding
						provisions of state constitutions. A person relying on such a provision in
						response to a question, however, should do so openly and not use the right of
						nondisclosure as a justification for failure to comply with this
						Rule.
(3) A lawyer representing an
						applicant for admission to the bar, or representing a lawyer who is the subject
						of a disciplinary inquiry or proceeding, is governed by the rules applicable to
						the client-lawyer relationship, including Rule
						1.6 and, in some cases, Rule
						3.3
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › MAINTAINING THE INTEGRITY OF THE PROFESSION › Rule 8.2 - Statements Concerning Judges and Other Adjudicatory Officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lawyer shall not make a statement that
						the lawyer knows to be false or with reckless disregard as to its truth or
						falsity concerning the qualifications or integrity of a judge, adjudicatory
						officer or public legal officer, or of a candidate for election or appointment
						to judicial or legal office.
(b) A
						lawyer who is a candidate for judicial office shall comply with the applicable
						provisions of the Code of Judicial Conduct and/or the Rules Governing Standards
						of Conduct for Magisterial District Judges, as applicable.
Comment:
(1) Assessments by lawyers are relied on in
						evaluating the professional or personal fitness of persons being considered for
						election or appointment to judicial office and to public legal offices, such as
						attorney general, prosecuting attorney and public defender. Expressing honest
						and candid opinions on such matters contributes to improving the administration
						of justice. Conversely, false statements by a lawyer can unfairly undermine
						public confidence in the administration of justice.
(2) When a lawyer seeks judicial office, the
						lawyer should be bound by applicable limitations on political
						activity.
(3) To maintain the fair
						and independent administration of justice, lawyers are encouraged to continue
						traditional efforts to defend judges and courts unjustly
						criticized.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Preamble: Statement of Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Rule
						1.15 of the Pennsylvania Rules of
						Professional Conduct ("Pa.R.P.C.") has, since the adoption of the Rules of
						Professional Conduct, required lawyers to segregate property of clients and
						third persons from the lawyer's own property, and by extension, not to profit
						by use of property belonging to clients or third persons. This provision of the
						Pa.R.P.C. for the protection of the client or third person, is designed to
						ensure the ethical conduct of lawyers, and may not be waived by the client or
						third person. Pa.R.P.C.
						1.15 mandates the maintenance of
						IOLTA Accounts for certain funds received by a lawyer in connection with a
						client-lawyer relationship or as otherwise described in the definition of Rule
						1.15 Funds. In addition, Pa.R.P.C. mandates the maintenance of Trust Accounts
						(including IOLTA Accounts for Qualified Funds) if, under Pa.R.P.C. 5.7, the
						lawyer is subject to the Pa.R.P.C. and the lawyer receives funds in connection
						with services (legal or nonlegal) to the recipient of those services. IOLTA
						generates income where formerly there was none; this income will aid the
						citizens of the Commonwealth of Pennsylvania by improving access to the civil
						legal system by those who otherwise could not afford legal representation,
						improving the legal educational system in Pennsylvania via funding for legal
						clinical programs and internships, and assisting in the general administration
						of justice in Pennsylvania.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.102 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All lawyers who
					 are admitted to practice in the Commonwealth of Pennsylvania and who receive
					 Rule 1.15 Funds with respect to such
					 practice are subject to the requirements of Pa.R.P.C. 1.15.
(b) All lawyers who are admitted to practice
					 in the Commonwealth of Pennsylvania and who receive Qualified Funds with
					 respect to such practice must comply with the requirement that Qualified Funds
					 be placed in an IOLTA Account as provided in Pa.R.P.C. 1.15 unless and to the
					 extent an exemption is granted pursuant to Pa.R.P.C. 1.15(n) and Section 81.109
					 of these regulations.
(c) Each
					 lawyer must register his or her IOLTA Account with the Disciplinary Board of
					 the Supreme Court of Pennsylvania annually.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.103 - Lawyers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a lawyer is
					 required to maintain a Trust Account, the lawyer shall comply with these
					 regulations and participate in IOLTA if the lawyer meets either of the
					 circumstances set forth in (i) or (ii):
(i)
					 Practices law in Pennsylvania: The lawyer practices law from an office within
					 the Commonwealth of Pennsylvania.
(ii) Practices law in and out of
					 Pennsylvania: If a lawyer primarily practices outside of Pennsylvania but also
					 handles Qualified Funds related to the practice of law in Pennsylvania, then
					 the lawyer must deposit Qualified Funds related to the lawyer's Pennsylvania
					 practice in a Pennsylvania IOLTA Account.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.104 - Rule 1.15 Funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Generally:
					 Pa.R.P.C. 1.15 requires the lawyer to maintain Rule
					 1.15 Funds separate from the
					 lawyer's own property, and to identify and safeguard the Rule
					 1.15 Funds appropriately. A
					 lawyer may not personally profit from Rule
					 1.15 Funds.
(b) Received in connection with a
					 client-lawyer relationship: Rule
					 1.15 Funds are funds received in
					 connection with a client-lawyer relationship.
(c) Funds received while acting as a
					 Fiduciary: Funds received by a lawyer while acting as a personal
					 representative, guardian, conservator, receiver, trustee, agent under durable
					 power of attorney, or other similar fiduciary position are Rule
					 1.15 Funds. Rule 1.15(l) requires
					 all Fiduciary Funds to be placed in a Trust Account or in another investment or
					 account which is authorized by the law applicable to the entrustment or the
					 terms of the instrument governing the Fiduciary Funds. If the Fiduciary Funds
					 are Qualified Funds and are deposited in a Trust Account, that account must be
					 an IOLTA Account.
(i) Pa.R.P.C.
					 1.15 clarifies that a Fiduciary
					 is not required to liquidate Fiduciary Funds in order to transfer non-income
					 producing fiduciary account balances to an IOLTA Account.
(ii) Pa.R.P.C.
					 1.15 does not prohibit a
					 Fiduciary from making an investment in accordance with applicable law or the
					 instrument governing the Fiduciary Funds.
(iii) Funds which are controlled by a
					 non-lawyer professional co-fiduciary are not considered Rule 1.15
					 Funds.
(iv) Fiduciary Funds may
					 always be placed in an investment or account authorized by the law applicable
					 to the entrustment or authorized by the terms of the instrument (be it a trust
					 agreement, will or other instrument) governing the Fiduciary Funds. However,
					 all Fiduciary Funds in the possession of a lawyer are subject to the
					 obligations of safeguarding, notification and recordkeeping set forth in
					 Pa.R.P.C. 1.15.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.105 - Eligible Institutions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Supreme Court of Pennsylvania approves Financial Institutions in which a lawyer
					 may maintain a Trust Account. Financial Institutions which are approved as
					 depositories of Trust Accounts are Eligible Institutions. A list of Eligible
					 Institutions is published from time to time pursuant to Pa.R.D.E.
					 221.
(b) In order to be approved as
					 an Eligible Institution, the Financial Institution must comply with applicable
					 provisions of Pa.R.P.C. 1.15, Pa.R.D.E. 221, and the Regulations contained in
					 this subchapter.
(c) All lawyers
					 must deposit Rule
					 1.15 Funds which are not
					 Qualified Funds in a Trust Account with an Eligible Institution, unless an
					 agreement exists between the Third Party Owner and the lawyer to use another
					 investment vehicle. However, if the funds are Fiduciary Funds they may be
					 maintained in an investment or account which is authorized by the law
					 applicable to the entrustment or the terms of the instrument governing the
					 Fiduciary Funds.
(d) All lawyers
					 must deposit Rule
					 1.15 Funds which are Qualified
					 Funds in an IOLTA Account with an Eligible Institution. However, if the funds
					 are Fiduciary Funds, they may be maintained in an investment or account which
					 is authorized by the law applicable to the entrustment or the terms of the
					 instrument governing the Fiduciary Funds.
(e) Acceptable account title: The lawyer must
					 specifically identify an IOLTA Account with the words "IOLTA Trust Account" or
					 "IOLTA Escrow Account" and the name of the lawyer or the law firm who maintains
					 the account in the main title of the account.
(f) Acceptable title on checks/deposit slips:
					 The word "IOLTA" need not be placed on checks or deposit slips.
(g) Provision of Information: The Eligible
					 Institution must provide the following information to the IOLTA Board and to
					 the lawyer who maintains the IOLTA Account at the time of each remittance:
(i) The name of the account;
(ii) The service charges or fees deducted, if
					 any;
(iii) The amount of income
					 remitted from the account;
(iv) The
					 rate of income applicable to each account; and
(v) If available, the average daily balance
					 in the IOLTA Account.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.106 - Income on IOLTA Accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The rate of
					 interest or dividend paid on IOLTA Accounts shall be not less than the highest
					 rate of interest or dividend generally available from the Eligible Institution
					 to non-IOLTA customers when the IOLTA Account meets the same minimum balance or
					 other account eligibility qualifications.
(b) An Eligible Institution shall be deemed
					 to have satisfied the requirements of subsection (a) of this regulation only if
					 the Eligible Institution is in compliance with the Comparability Guidance
					 published by the IOLTA Board from time to time.
(c) Each Eligible Institution shall submit to
					 the IOLTA Board for review and approval a Compliance Certification Form, which
					 identifies the rate of interest or dividend to be paid on IOLTA Accounts and
					 certifies the Eligible Institution's compliance with the IOLTA Regulations and
					 Comparability Guidance. Prior to changing a rate of interest or dividend that
					 was previously approved by the IOLTA Board, or when the rate of interest or
					 dividend for comparable products exceeds the rate listed in the Eligible
					 Institution's most recently approved Compliance Certification Form, the
					 Eligible Institution shall submit a new Compliance Certification Form to the
					 IOLTA Board for review and approval.
(d) Remittance of income: All income earned
					 under the IOLTA program must be remitted to the IOLTA Board at least every
					 quarter. Eligible Institutions shall honor requests by the IOLTA Board to
					 recover income that was not remitted to the IOLTA Board, in accordance with the
					 Eligible Institution's most recently approved Compliance Certification Form,
					 during the twelve months preceding the IOLTA Board's request.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.107 - Service Charges on IOLTA Accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Eligible Institutions may impose reasonable service charges for the
					 administration of IOLTA Accounts. An Eligible Institution may not deduct
					 service charges from the principal balance in an IOLTA Account. Reasonable
					 service charges, as well as regular account maintenance fees and transaction
					 charges, can be deducted against the total amount of income to be paid on the
					 IOLTA Account to which the service charges apply.
(b) All costs associated with check printing,
					 overdraft charges, charges for a temporary extension of credit and similar bank
					 charges shall not be assessed against the principal balance in or income earned
					 or accrued income earned on an IOLTA Account. The lawyer maintaining the
					 account shall be responsible for these costs.
(c) Costs for services such as overdrafts on
					 deposited items, stopped payments, certified checks, and wire transfers at the
					 request of the lawyer or a Third Party Owner shall not be assessed against
					 principal balance in or income earned on an IOLTA Account. The lawyer or the
					 Third Party Owner shall be responsible for these costs.
(d) Charges imposed by an Eligible
					 Institution to file reports required by Pa.R.D.E. 221(m) shall be paid by the
					 lawyer maintaining the Trust Account.
(e) As a general rule, a lawyer may not
					 co-mingle the lawyer's own funds with Rule
					 1.15 Funds. However, the lawyer
					 may deposit funds in an IOLTA Account in order to cover costs which may not be
					 charged to the income or principal held in the IOLTA Account. The lawyer must
					 maintain accurate records regarding those funds.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.108 - Subaccounting and Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Subaccounting refers to a process whereby the lawyer or the lawyer's Eligible
					 Institution segregates Nonqualified Funds by Third Party Owner, and income on
					 each subaccount is separately calculated, reported, and paid to the Third Party
					 Owner. Subaccounting attributes all of the income earned on the Rule
					 1.15 Funds while in a Trust
					 Account to the Third Party Owner.
(i) Nothing
					 in these regulations shall be construed to prohibit a lawyer from maintaining
					 and administering a separate subaccount for each Third Party Owner from whom
					 Rule 1.15 Funds are
					 received.
(ii) A lawyer who
					 directly maintains a subaccounting system for Rule
					 1.15 Funds must comply not only
					 with Pa.R.P.C. regarding such funds, but must also comply with applicable laws
					 and regulations of the United States and of the Internal Revenue Service in
					 particular.
(iii) Nothing in these
					 regulations shall be construed to prohibit a lawyer from delegating to an
					 Eligible Institution the responsibility for maintaining and administering a
					 separate subaccount for each Third Party Owner from whom the lawyer receives
					 Rule 1.15 Funds.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.110 - Requests for Exemptions and Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the IOLTA Board denies a lawyer's
					 request for an exemption from maintenance of an IOLTA Account, the lawyer may,
					 within 30 days of written notice of denial from the IOLTA Board, request in
					 writing a reconsideration of the IOLTA Board's decision. All requests for
					 reconsideration shall set forth in detail additional facts, if any, not brought
					 before the IOLTA Board in the request for exemption, as well as the reasons, if
					 any, why an exemption should be granted.
(b) If the IOLTA Board has determined that a
					 lawyer is exempt from the requirement of maintaining an IOLTA Account, the
					 lawyer may, within 30 days of written notice from the IOLTA Board that the
					 lawyer is exempt, request in writing a reconsideration of the IOLTA Board's
					 decision. All requests for reconsideration shall set forth in detail facts, if
					 any, why the lawyer should maintain an IOLTA Account, and the manner, if any,
					 in which the purposes of the IOLTA program will be furthered by the lawyer's
					 maintenance of an IOLTA Account.
(c) Notice shall be deemed to have been given
					 to a lawyer under the provisions of subsections (a) and (b) of this Section
					 81.110 upon the deposit by the
					 IOLTA Board, postage prepaid, with the United States Postal Service of its
					 written determination regarding the exemption, if any, of the lawyer from
					 IOLTA.
(d) The IOLTA Board may
					 delegate to its staff or to a committee of the IOLTA Board the authority to
					 determine exemptions from IOLTA or to reconsider exemption denials or
					 determinations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.111 - Annual Certification of Compliance with Pa.R.P.C. 1.15

Current through Register Vol. 54, No. 28, July 13, 2024
On or before July 1 of each year, each lawyer who is
						required by Pa.R.D.E. 219 to pay an annual fee must also file with the
						Administrative Office a signed statement on the prescribed form stating his or
						her familiarity and compliance with Pa.R.P.C. 1.15 in regards to handling
						funds, maintaining IOLTA Accounts and Pa.R.D.E. 221. Each lawyer is directed to
						Pa.R.D.E. 219(d).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.112 - Refunds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The IOLTA Board
					 may return income paid to the IOLTA Board under certain circumstances. For
					 example, if a lawyer mistakenly places Nonqualified Funds in an IOLTA Account,
					 or if the lawyer reasonably believed that Rule
					 1.15 Funds were Qualified Funds,
					 but the Rule
					 1.15 Funds were in fact not
					 Qualified Funds, then the lawyer may apply for a refund of income paid to the
					 IOLTA Board. Additionally, if an Eligible Institution erroneously remits to the
					 IOLTA Board income that should have been properly directed to a different
					 jurisdiction's interest on lawyers trust account program, then the impacted
					 lawyer, financial institution, or other jurisdiction's interest on lawyers
					 trust account program may apply for a refund of the income paid to the IOLTA
					 Board.
(b) The following guidelines
					 apply to requests for a refund:
(i) All
					 requests must be made on the letterhead of the party making the request (i.e.,
					 the impacted lawyer, financial institution, or other jurisdiction's interest on
					 lawyers trust account program), and all requests must set forth in reasonable
					 detail the basis for the requested refund.
(ii) Requests must be accompanied by
					 verification of the income paid for which a refund is sought. Verification must
					 be made by the Eligible Institution at which the IOLTA Account is maintained.
					 As needed for auditing purposes, the IOLTA Board may request additional
					 documentation.
(iii) The IOLTA
					 Board will only consider requests where the income to be refunded was received
					 by the IOLTA Board during the twelve-month period prior to the IOLTA Board
					 receiving the written request for a refund.
(iv) Refunds will be remitted through the
					 Eligible Institution that transmitted the income to the IOLTA Board unless an
					 alternative method is requested and agreed to by the IOLTA Board.
(v) If the Eligible Institution has imposed a
					 service charge with respect to the IOLTA Account, only the net amount of income
					 paid to the IOLTA Board (reduced by applicable service charges) will be
					 refunded.
(vi) The IOLTA Board may
					 impose and deduct a processing charge from the refund.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - RULES FOR INTEREST ON LAWYERS TRUST ACCOUNTS › Section 81.113 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The IOLTA Board
					 will refer to the Office of Disciplinary Counsel the name, address and
					 circumstances surrounding any lawyer who, not being exempted from the
					 maintenance of an IOLTA Account, fails or refuses to comply with the IOLTA
					 provisions of Pa.R.P.C. 1.15 and these regulations.
(b) The IOLTA Board may reconsider its
					 determination of IOLTA compliance based upon information obtained by the Office
					 of Disciplinary Counsel during its investigation of a referral from the IOLTA
					 Board for non-compliance.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Preamble: Statement of Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The Minor Judiciary Interest on Trust Accounts Program
						(the "MJ-IOTA Program") was established by Order of the Supreme Court of
						Pennsylvania dated August 3, 2004. The judges and justices of all courts
						created pursuant to Article V, Sections 6 and 7 of the Pennsylvania
						Constitution are subject to MJ-IOTA. These include Magisterial District Judges,
						judges of the Philadelphia Municipal Court, judges of the Philadelphia
						Municipal Court, Traffic Division (assuming the jurisdiction and functions of
						the former Traffic Court of Philadelphia) and judges of the Pittsburgh
						Municipal Court (judicial unit assigned matters that were formerly within the
						jurisdiction of the Pittsburgh Magistrates).
The MJ-IOTA Program generates income where formerly
						there was none. This income aids the citizens of the Commonwealth of
						Pennsylvania. Income earned on MJ-IOTA Accounts may be used only for
						educational legal clinical programs and internships administered by law schools
						located in Pennsylvania, delivery of civil legal assistance to the poor and
						disadvantaged in Pennsylvania by non-profit corporations described in Section
						501(c)(3) of the Internal Revenue Code of 1986, as amended, and for the
						administration and development of the MJ-IOTA Program.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Section 81.301 - Minor Judiciary Interest on Trust Accounts Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All Qualified Funds received by a judge,
					 magistrate or Magisterial District Judge (hereinafter Judicial Official) in the
					 administration of his/her duties shall be placed in a Minor Judiciary Interest
					 on Trust Account (hereinafter MJ-IOTA Account) as defined in paragraph (c)
					 below; such Qualified Funds placed in MJ-IOTA Accounts are referred to
					 hereinafter as MJ-IOTA Funds. This rule does not change existing practices with
					 respect to funds (other than Qualified Funds) received by a Judicial Official
					 in the administration of his/her duties.
(b) Qualified Funds are monies received by a
					 Judicial Official in a Custodial Capacity that, in the Good Faith judgment of
					 the Judicial Official are nominal in amount or are reasonably expected to be
					 held for such a short period of time that sufficient income will not be
					 generated to justify the expense of earning income to benefit the owner of the
					 funds.
(c) An MJ-IOTA Account is an
					 unsegregated interest-bearing account with a Depository Institution for the
					 deposit of Qualified Funds maintained by a Judicial Official. An account shall
					 not be considered an MJ-IOTA Account unless the Depository Institution at which
					 the account is maintained shall:
(1) Remit
					 monthly any income earned on the account to the Interest on Lawyers Trust
					 Account Board of the Supreme Court of Pennsylvania (hereinafter the IOLTA
					 Board), or if that is not possible, remit the income earned at least
					 quarterly.
(2) Transmit to the
					 IOLTA Board with each remittance a statement showing not less than the
					 following information: the name of the account; the account number; the service
					 charges and/or fees deducted, if any; the amount of income remitted from the
					 account; and if available, the average daily collected balance in the account
					 for the period reported.
(3)
					 Compute the rate of interest or dividend paid on an MJ-IOTA Account at no less
					 than the highest rate of interest or dividend generally available from the
					 Depository Institution to non-MJ-IOTA customers when the MJ-IOTA Account meets
					 the same minimum balance or other account eligibility qualifications.
(4) Collateralize the account with the assets
					 of the Depository Institution in accordance with current practice and Act 72 of
					 1971.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Section 81.303 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The MJ-IOTA Program applies to each Custodial Account
						maintained by, or on behalf of, a Judicial Official in the performance of his
						or her official duties.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Section 81.304 - Custodial Funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Custodial
					 Funds must be deposited in a Custodial Account.
(b) Qualified Funds are Custodial Funds that,
					 in the Good Faith judgment of the Judicial Official, are nominal in amount or
					 are reasonably expected to be held for such a short period of time that
					 sufficient income will not be generated to justify the expense of earning
					 income to benefit the Beneficial Owner of the funds. With few exceptions,
					 Custodial Funds handled by Judicial Officials will be Qualified
					 Funds.
(c) The Judicial Official,
					 in the exercise of Good Faith judgment, should apply an economic benefits test
					 to determine whether particular Custodial Funds are not Qualified Funds and
					 hence the Beneficial Owner of the funds should receive the income on those
					 funds.
(1) If the anticipated cost of
					 administering a segregated account for the benefit of the Beneficial Owner of
					 the funds is more than the income expected to be generated on the funds, then
					 the funds are Qualified Funds.
(2)
					 Custodial Funds that when considered alone are not large enough to earn income
					 for the Beneficial Owner thereof are Qualified Funds.
(3) Funds which are not expected to be held
					 for a sufficient time to provide income for the Beneficial Owner are Qualified
					 Funds.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Section 81.305 - Special Provisions Applicable to Custodial Accounts of Magisterial District Judges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 Magisterial District Judge must use the statewide computerized reporting system
					 of the AOPC for reporting all transactions which occur through his or her
					 Custodial Account. As of the date of these Regulations, the AOPC Magisterial
					 District Judge Case Reporting System is incapable of handling more than one
					 Custodial Account per Magisterial District Judge, meaning that each Magisterial
					 District Judge may maintain only one Custodial Account.
(b) Custodial Funds received by a Magisterial
					 District Judge will generally be Qualified Funds. Magisterial District Judges,
					 however, may determine that particular Custodial Funds received are not, in
					 fact, Qualified Funds, applying the criteria set forth in § 81.304.
(c) Each Magisterial District Judge is
					 permitted to exercise his or her judgment as to whether Custodial Funds
					 received by that Magisterial District Judge are Qualified Funds. If, in the
					 Good Faith judgment of the Magisterial District Judge, Custodial Funds are not
					 Qualified Funds, the Magisterial District Judge may request a refund of income
					 with respect to those Custodial Funds. See § 81.308-Refunds.
(d) If, in the future, the AOPC Magisterial
					 District Judge Case Reporting System permits handling of multiple Custodial
					 Accounts for each Magisterial District Judge, the provisions of this section
					 shall no longer apply, although Magisterial District Judges shall remain
					 subject to the remaining provisions of these Regulations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Section 81.306 - Requirements Applicable to MJ-IOTA Accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless an exemption has been granted to
					 the Judicial Official, each Judicial Official shall establish an MJ-IOTA
					 Account at the Depository Institution of his or her choice, provided that the
					 Depository Institution complies with the MJ-IOTA Regulations. If local county
					 policies and procedures concerning accounts established by the Judicial
					 Official exist, nothing herein shall be construed as relieving the Judicial
					 Official of complying with such policies and procedures, except to the extent
					 inconsistent herewith.
(b) In order
					 to qualify an account as a MJ-IOTA Account, the Depository Institution must
					 satisfy the requirements set forth in Section 81.301(c) above.
(c) The following additional requirements
					 apply to MJ-IOTA Accounts:
(1) A Depository
					 Institution shall submit to the IOLTA Board for review and approval a
					 Compliance Certification Form, which identifies the rate of interest or
					 dividend to be provided for MJ-IOTA Accounts and certifies the Depository
					 Institution's compliance with the MJ-IOTA Regulations and the IOLTA Board's
					 Comparability Guidance. Prior to changing a rate that was previously approved
					 by the IOLTA Board, or when the rates for comparable products exceed the rate
					 listed in the Depository Institution's most recently approved Compliance
					 Certification Form, the Depository Institution shall submit a new Compliance
					 Certification Form to the IOLTA Board for review and approval.
(2) Depository Institutions shall grant
					 requests by the IOLTA Board to recover income that was not remitted to the
					 IOLTA Board, in accordance with the Depository Institution's most recently
					 approved Compliance Certification Form, during the twelve months preceding the
					 IOLTA Board's request.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - MINOR JUDICIARY INTEREST ON TRUST ACCOUNTS › Section 81.308 - Refunds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The IOLTA Board
					 may return income paid to the IOLTA Board under certain circumstances. For
					 example, if a Judicial Official mistakenly places Custodial Funds which are not
					 Qualified Funds in an MJ-IOTA Account, then the Judicial Official may apply to
					 the IOLTA Board for a refund of the income paid to the IOLTA Board.
(b) At the time of the issuance of these
					 Regulations, all Custodial Funds handled by Magisterial District Judges are
					 anticipated to be Qualified Funds. Magisterial District Judges occasionally may
					 determine that certain Custodial Funds maintained in their Custodial Account do
					 not meet this presumption, and are not Qualified Funds. Upon application of the
					 Magisterial District Judge, the IOLTA Board may return income paid to it
					 applicable to the funds which were not Qualified Funds.
(c) The following guidelines apply to
					 requests for a refund of income:
(1) Requests
					 by a Judicial Official must be made on the Judicial Official's official
					 letterhead, and all requests must set forth in reasonable detail the basis for
					 the requested refund.
(2) Requests
					 must be accompanied by verification of the income paid with respect to the
					 funds mistakenly placed in the MJ-IOTA Account. Verification must be made by
					 the Depository Institution in which the MJ-IOTA Account is maintained. As
					 needed for auditing purposes, the IOLTA Board may request additional
					 documentation.
(3) The IOLTA Board
					 will only consider requests where the income to be refunded was received by the
					 IOLTA Board during the twelve-month period prior to the IOLTA Board receiving
					 the written request for a refund.
(4) Refunds will be remitted through the
					 Depository Institution that transmitted the income to the IOLTA Board unless an
					 alternative method is requested and agreed to by the IOLTA Board.
(5) If the Depository Institution has imposed
					 a service charge with respect to the MJ-IOTA Account, only the net amount of
					 income paid to the IOLTA Board (i.e., the income reduced by applicable service
					 charges) will be refunded.
(6) The
					 IOLTA Board may impose and deduct a processing charge from the
					 refund.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter D - INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION › Section 81.501 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Admission pro hac vice
. Special admission to the bar of this
					 Commonwealth for purposes limited to a particular case before a court in this
					 Commonwealth.
(b)
Applicant
. The attorney seeking admission pro hac
					 vice.
(c)
Attorney
. A member in good standing of the bar of the highest
					 court of any state in the United States or admitted to practice law before any
					 court in a foreign jurisdiction.
(d)
Case
. A particular legal
					 action, including appellate review of that action, maintained in a Pennsylvania
					 court which is not a special court. The term "case" does not refer to an action
					 maintained only in a special court.
(e)
Court
. Any Pennsylvania
					 magisterial district court, the Philadelphia Municipal Court (except for
					 Traffic Division), any Pennsylvania court of common pleas, the Pennsylvania
					 Superior Court, the Pennsylvania Commonwealth Court, the Supreme Court of
					 Pennsylvania, and any other Pennsylvania court established after the effective
					 date of these regulations which is not a special court.
(f)
IOLTA Board
. The
					 Pennsylvania Interest on Lawyer Trust Account Board.
(g)
Special court
. The
					 Traffic Division of the Philadelphia Municipal Court, the Pittsburgh Municipal
					 Court, and any other special court of similar jurisdiction.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter D - INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION › Section 81.502 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An attorney,
					 barrister or advocate who is qualified to practice in the courts of another
					 state or of a foreign jurisdiction may be specially admitted to the bar of this
					 Commonwealth for purposes limited to a particular case. Admission pro hac vice
					 shall not be required in order to participate in a case solely as amicus
					 curiae.
(b) An attorney admitted
					 pro hac vice shall not be authorized to act as attorney of record for any case
					 in this Commonwealth. The attorney should refer to the Pennsylvania Bar
					 Admission Rules.
(c) Appearance
					 before a Pennsylvania court by a foreign attorney is deemed to commence with
					 the attorney's first appearance in a Pennsylvania court with respect to a
					 particular case, and shall continue until final determination of that case,
					 including appellate review, or until issuance of an order permitting the
					 foreign attorney to withdraw.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter D - INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION › Section 81.503 - Requirements and Procedure for Admission Pro Hac Vice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No oath shall be required of an attorney
					 seeking admission pro hac vice.
(b)
					 Pro hac vice admission shall be only on motion of a member of the bar of the
					 Commonwealth of Pennsylvania, and, unless waived or otherwise not required, by
					 payment of the fee required by Section
					 81.505.
(c) These regulations apply to admission pro
					 hac vice before a Pennsylvania court, as defined in these
					 regulations.
(d) Except as
					 otherwise prescribed by general rule, admission pro hac vice shall be by
					 written motion of a member of the bar of the Commonwealth of Pennsylvania, and
					 shall be signed by that member. The motion shall recite all relevant facts and
					 shall be filed with the clerk of the court before which the case is pending at
					 least three days prior to any appearance by the attorney seeking pro hac vice
					 admission.
(e) Each motion for pro
					 hac vice admission shall aver that the fee required by Section
					 81.505(a) has
					 been paid, or include as an attachment a copy of a fee payment certification
					 from the IOLTA Board, unless payment of the fee is not required pursuant to
					 Section 81.505(c).
(f) Each motion
					 for pro hac vice admission shall aver that the information required by Section
					 81.504 has been provided to the
					 IOLTA Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter D - INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION › Section 81.504 - Information to be Provided to IOLTA Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following information shall be
					 provided to the IOLTA Board with the fee required by Section 81.505:
(i) The name, address, contact information,
					 and Supreme Court identification number of the active member of the bar of this
					 Commonwealth who sponsors the applicant for pro hac vice admission.
(ii) The applicant's complete name, date of
					 birth, law firm address and other contact information.
(iii) The name and address of each court and
					 a full identification of the case.
(iv) The courts before which the applicant
					 has been admitted to practice, the respective period(s) of admission, and the
					 applicant's identification number in the jurisdiction(s) admitted.
(v) An averment that the applicant is
					 familiar with the Pennsylvania Rules of Professional Conduct, the Pennsylvania
					 Rules of Disciplinary Enforcement, and the rules and court procedures of the
					 court before which the applicant seeks pro hac vice admission.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter D - INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION › Section 81.505 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An attorney
					 seeking admission pro hac vice with respect to a case shall pay a fee of three
					 hundred seventy-five dollars ($375). The fee shall be required for each case in
					 which the attorney is seeking pro hac vice admission. Under no circumstances
					 shall the fee required by this regulation be refunded.
(b) An attorney seeking admission pro hac
					 vice shall pay the fee required by this regulation to the IOLTA Board no later
					 than the time of filing a motion requesting permission to participate in a case
					 proceeding in a court in this Commonwealth.
(c) No fee for admission pro hac vice shall
					 be required if the client being represented has been granted in forma pauperis
					 status, or for actions before a special court.
(d) Fees required by this regulation shall be
					 paid by a check drawn on a United States bank, money order, or bank cashier's
					 check payable in the full amount to the IOLTA Board.
(e) Fees collected under this regulation
					 shall be used by the IOLTA Board to fund the expenses needed to administer this
					 regulation, and to supplement the funding of non-profit organizations that
					 provide civil legal services to the indigent and disadvantaged, or for similar
					 purposes as authorized by the Supreme Court of Pennsylvania.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter D - INTEREST ON LAWYER TRUST ACCOUNT REGULATIONS FOR PRO HAC VICE ADMISSION › Section 81.506 - Records Custodian

Current through Register Vol. 54, No. 28, July 13, 2024
The Pennsylvania IOLTA Board is considered the custodian
						of records for pro hac vice admission and does not approve or disapprove pro
						hac vice admission. Approval or disapproval shall be determined by the court
						before which the attorney wishes to appear.
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 101 - Title and Citation

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Pennsylvania Rules for
						Continuing Legal Education and may be cited as "Pa. R.C.L.E.
						________."