Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter A - PRELIMINARY PROVISIONS › Rule 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Subject to additional definitions contained in
					 subsequent provisions of these rules which are applicable to specific
					 provisions of these rules, the following words and phrases when used in these
					 rules shall have, unless the context clearly indicates otherwise, the meanings
					 given to them in this rule:
Absent attorney
-An attorney or formerly
						admitted attorney for whom a conservator has been sought or appointed under
						these rules.
"
Active status
." The license status of
						an attorney who is admitted in Pennsylvania and is registered as active under
						Enforcement Rule 219 (relating to annual registration and assessment). An
						attorney on active status is eligible to practice law in Pennsylvania.
Administrative office
-The
						Administrative Office of Pennsylvania Courts.
Administrative suspension-
The license
						status of an attorney, after Court order under Enforcement rule 219(g), who:
						failed to pay the annual assessment and file the form required by subdivisions
						(b) and (c) of Enforcement Rule 219; failed to satisfy the requirements of the
						Pennsylvania Rules for Continuing Legal Education and was reported to the Court
						by the Pennsylvania Continuing Legal Education Board under Rule 111(b),
						Pa.R.C.L.E.; failed to pay any costs and fees pursuant to Enforcement Rule
						208(g); or failed to meet the requirements for maintaining a limited law
						license as a Limited In-House Corporate Counsel, a foreign legal consultant, an
						attorney participant in defender or legal services programs, a military
						attorney, or attorney spouse of an active-duty service member. An attorney on
						administrative suspension status is ineligible to practice law in
						Pennsylvania.
Attorney
-Includes any person subject to
						these rules.
"
Attorney participant in defender or legal
						services programs
." An attorney or the license status of an attorney
						holding a limited admission to practice under Pennsylvania Bar Admission Rule
						311 (relating to limited admission of participants in defender or legal
						services programs).
Attorney Registration Office
-The
						administrative division of the Disciplinary Board which governs the annual
						registration of every attorney admitted to, or engaging in, the practice of law
						in this Commonwealth, with the exception of attorneys admitted to practice pro
						hac vice under pennsylvania bar admission Rule 301.
"
Attorney spouse of an active-duty service
						member
." An attorney or the license status of an attorney holding a
						limited admission to practice under Pennsylvania Bar Admission Rule 304
						(relating to limited admission of spouses of active-duty members of the United
						States Uniformed Services).
Board
-The Disciplinary Board of the
						Supreme Court of Pennsylvania.
Censure
-Public censure by the Supreme
						Court under Enforcement Rule 204(a)(3) (relating to types of
						discipline).
Conservator
-A conservator appointed
						under Enforcement Rule 321 (relating to appointment of conservator to protect
						interests of clients of absent attorney).
Court
-The Supreme Court of
						Pennsylvania.
"
Court Prothonotary
." The Prothonotary
						of the Supreme Court of Pennsylvania.
"
Disability inactive status
." The
						license status of an attorney who: has been transferred to this status by order
						of the Court under Enforcement Rule 301(c) after having been judicially
						declared incapacitated by another court; has been declared incapacitated by
						order of the Court under Enforcement Rule 301(d) from continuing the practice
						of law; is transferred to disability inactive status by order of the Court
						under Enforcement Rule 301(e) after contending during a pending disciplinary
						proceeding that he or she is suffering from a disability by reason of physical
						or mental infirmity or illness that makes it impossible for the attorney to
						prepare an adequate defense; or has been placed on disability inactive status
						in another jurisdiction and is transferred to disability inactive status by
						reciprocal order of the Court under Enforcement Rule 216. The term "disability
						inactive status" includes any transfer to inactive status based on disability
						under Rule 216 or 301. An attorney on disability inactive status is ineligible
						to practice law in Pennsylvania.
"
Disbarment
." A type of discipline in
						which the Court withdraws the offending attorney's privilege to practice law
						for an unspecified period of at least five years with no basis for an
						expectation to resume the practice of law.
"
Disciplinary Counsel
."-The Chief
						Disciplinary Counsel and disciplinary counsel within the Office of Disciplinary
						Counsel.
Disciplinary Rules
-The provisions of the
						Code of Professional Responsibility as adopted by the Supreme Court of
						Pennsylvania May 20, 1970, 438 Pa. XXV, as amended from time to time by special
						order of the Court and governing lawyer conduct occurring or beginning on or
						before March 31, 1988 as well as the provisions of the Rules of Professional
						Conduct as adopted by the Supreme Court of Pennsylvania on October 16, 1987,
						515 Pa. LXIX, and effective on April 1, 1988, as amended from time to time by
						special order of the Court.
"
Emeritus status
." The license status of
						an attorney admitted in Pennsylvania who has elected emeritus status, pursuant
						to Enforcement Rule 403, in order to provide the type of pro bono services
						authorized by Rule 403 and is current on all registration requirements under
						that rule.
Enforcement Rules
-The provisions of
						these rules.
"
Experienced hearing committee
						member
."-An attorney who at the time is a member of the panel of
						hearing committee members in a disciplinary district and who has served on at
						least one hearing committee that has conducted a hearing into formal charges of
						misconduct by a respondent-attorney or a hearing on a petition for
						reinstatement from discipline by a petitioner attorney.
Foreign legal consultant
-A person or the
						license status of a person who holds a current license as a foreign legal
						consultant issued under Pennsylvania Bar Admission rule 341 (relating to the
						licensing of foreign legal consultants).
"Formal proceedings."
Proceedings that
						commence with the filing of a petition for discipline. A formal proceeding does
						not include any of the submissions or documents generated during an informal
						proceeding unless they are made part of the record at the formal proceeding by
						motion, by stipulation, or by admission as an exhibit during a hearing.
						Pursuant to Enforcement Rule 402(a), formal proceedings are open to the public,
						except as provided in Enforcement Rules 402(b) and 402(k).
Formerly admitted attorney
-A disbarred,
						suspended, temporarily suspended, administratively suspended, permanently
						resigned, retired, inactive, or disability inactive attorney.
Hearing Committee
-A hearing committee
						appointed under Enforcement Rule 206 (relating to hearing committees and
						special masters).
"
Inactive status
." The license status of
						an attorney who is admitted in Pennsylvania and has either elected inactive
						status under Enforcement Rule 219 (relating to annual registration and
						assessment) or has sold his or her practice by reason of disability pursuant to
						Rule 1.17(f) of the
						Pennsylvania Rules of Professional Conduct. An attorney on inactive status is
						ineligible to practice law in Pennsylvania.
Informal admonition
-a type of private
						discipline administered by Disciplinary Counsel.
"Informal proceedings."
Proceedings that
						commence with the submission of a complaint to the Office of Disciplinary
						Counsel or an investigation initiated by the Office of Disciplinary Counsel. An
						informal proceeding includes all proceedings up to the filing of a petition for
						discipline. Informal proceedings are not open to the public.
"
Judge status
." The license status of a
						justice or judge serving on the following Pennsylvania courts of record:
						Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and
						a justice or judge serving on the following federal courts: Supreme, Court of
						Appeals, Bankruptcy, and District Court, including full-time and part-time
						magistrate judges not otherwise engaged in the practice of law. This status
						includes a justice or judge who served on one of these courts and is granted
						senior status. An attorney on judge status is exempt from annual registration
						under Enforcement Rule 219(a)(2).
"
Legal Counsel.
" Counsel to the Board
						and Special Counsel.
"
Limited In-House Corporate Counsel
." An
						attorney or the license status of an attorney holding a limited admission to
						practice under Pennsylvania Bar Admission Rule 302 (relating to limited
						admission of in-house corporate counsel).
Military attorney
-An attorney or the
						license status of an attorney holding a limited admission to practice under
						Pennsylvania Bar Admission Rule 303 (relating to limited admission of military
						attorneys).
"
Permanent resignation
." The license
						status of an attorney who has elected to permanently resign from the
						Pennsylvania bar under Enforcement Rule 404. An attorney on permanent
						resignation status is ineligible to practice law in Pennsylvania.
Petitioner-attorney
-Includes any person
						subject to these rules who has filed a petition for reinstatement to the
						practice of law.
Practice of law
-Includes the provision
						of legal services as a foreign legal consultant , military attorney, attorney
						spouse of an active-duty service member, attorney participant in defender or
						legal services programs, or pursuant to a Limited In-House Corporate Counsel
						License.
Private reprimand
-a type of private
						discipline imposed by the Board.
Probation
-Probation by the Supreme
						Court under supervision provided by the Board.
Public reprimand-
a type of discipline
						imposed by the Board.
Respondent-attorney
-Includes any person
						subject to these rules.
"
Retired status
." The license status of
						an attorney admitted in Pennsylvania who elects this status after having ceased
						the practice of law in Pennsylvania. An attorney on retired status is
						ineligible to practice law in Pennsylvania.
"
Senior hearing committee member
."-An
						attorney who at the time is a member of the panel of hearing committee members
						in a disciplinary district and who has served either (i) as a member of the
						Board, or (ii) on at least two hearing committees that have conducted hearings
						into formal charges of misconduct by respondent-attorneys or hearings on
						petitions for reinstatement from discipline by petitioner-attorneys.
Special Master
- Assigned under
						Enforcement Rule 206 (relating to hearing committees and special masters),
						includes former Board members, former or retired justices or judges not on
						senior status, Special Counsel, and former senior hearing committee
						members.
"
Suspension
." A type of discipline in
						which the Court withdraws the offending attorney's privilege to practice law
						for a period not exceeding five years. A suspended attorney may resume the
						practice of law only upon the entry of an order of the Court reinstating the
						attorney to active status.
Verified statement
-A document filed
						with the Board or the Court under these rules containing statements of fact and
						a statement by the signatory that it is made subject to the penalties of 4904
						(relating to unsworn falsification to authorities).
(b)
Number; tense.
In these
					 rules the singular shall include the plural, and the plural, the singular; and
					 words used in the past or present tense shall include the
					 future.