Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter B - MISCONDUCT › Rule 217 - Formerly admitted attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A formerly
					 admitted attorney shall promptly notify, or cause to be promptly notified, all
					 clients being represented in pending matters, other than litigation or
					 administrative proceedings, of the disbarment, suspension, temporary
					 suspension, administrative suspension or transfer to disability inactive status
					 and the consequent inability of the formerly admitted attorney to act as an
					 attorney after the effective date of the disbarment, suspension, temporary
					 suspension, administrative suspension or transfer to disability inactive status
					 and shall advise said clients to seek legal advice elsewhere. The notice
					 required by this subdivision (a) may be delivered by the most efficient method
					 possible as long as the chosen method is successful and provides proof of
					 receipt. At the time of the filing of the verified statement of compliance
					 required by subdivision (e)(1) of this Rule, the formerly admitted attorney
					 shall file copies of the notices required by this subdivision and proofs of
					 receipt with the Board and shall serve a conforming copy on Disciplinary
					 Counsel.
See
D.Bd. Rules §
											91.91(b)
					 (relating to filing of copies of notices).
Note
: Notice may be accomplished, for
						example, by delivery in person with the lawyer securing a signed receipt,
						electronic mailing with some form of acknowledgement from the client other than
						a "read receipt," and mailing by registered or certified mail, return receipt
						requested.
(b) A formerly
					 admitted attorney shall promptly notify, or cause to be promptly notified, all
					 clients who are involved in pending litigation or administrative proceedings,
					 and the attorney or attorneys for each adverse party in such matter or
					 proceeding, of the disbarment, suspension, temporary suspension, administrative
					 suspension or transfer to disability inactive status and consequent inability
					 of the formerly admitted attorney to act as an attorney after the effective
					 date of the disbarment, suspension, temporary suspension, administrative
					 suspension or transfer to disability inactive status. The notice to be given to
					 the client shall advise the prompt substitution of another attorney or
					 attorneys in place of the formerly admitted attorney. In the event the client
					 does not obtain substitute counsel before the effective date of the disbarment,
					 suspension, temporary suspension, administrative suspension or transfer to
					 disability inactive status, it shall be the responsibility of the formerly
					 admitted attorney to move in the court or agency in which the proceeding is
					 pending for leave to withdraw. The notice to be given to the attorney or
					 attorneys for an adverse party shall state the place of residence of the client
					 of the formerly admitted attorney. The notice required by this subdivision (b)
					 may be delivered by the most efficient method possible as long as the chosen
					 method is successful and provides proof of receipt.
See
Note
					 after subdivision (a),
supra
. At the time of the filing of the
					 verified statement of compliance required by subdivision (e)(1) of this Rule,
					 the formerly admitted attorney shall file copies of the notices required by
					 this subdivision and proofs of receipt with the Board and shall serve a
					 conforming copy on Disciplinary Counsel.
See
D.Bd. Rules §
											91.92(b)
					 (relating to filing of copies of notices).
(c) A formerly admitted attorney shall
					 promptly notify, or cause to be promptly notified, of the disbarment,
					 suspension, temporary suspension, administrative suspension or transfer to
					 disability inactive status:
(1) all persons
					 or their agents or guardians, including but not limited to wards, heirs and
					 beneficiaries, to whom a fiduciary duty is or may be owed at any time after the
					 disbarment, suspension, temporary suspension, administrative suspension or
					 transfer to disability inactive status;
(2) all other persons with whom the formerly
					 admitted attorney may at any time expect to have professional contacts under
					 circumstances where there is a reasonable probability that they may infer that
					 he or she continues as an attorney in good standing; and
(3) any other tribunal, court, agency or
					 jurisdiction in which the attorney is admitted to practice.
The notice required by this subdivision (c) may be
						delivered by the most efficient method possible as long as the chosen method is
						successful and provides proof of receipt.
See
Note after
						subdivision (a),
supra
. At the time of the filing of the
						verified statement of compliance required by subdivision (e)(1) of this Rule,
						the formerly admitted attorney shall file copies of the notices required by
						this subdivision and proofs of receipt with the Board and shall serve a
						conforming copy on Disciplinary Counsel. The responsibility of the formerly
						admitted attorney to provide the notice required by this subdivision shall
						continue for as long as the formerly admitted attorney is disbarred, suspended,
						temporarily suspended, administratively suspended or on disability inactive
						status.