Rule Changes & Updates
Attorneys on Inactive Status Under Rule 219(k) Have Until September 1 to Submit Requests for Reinstatements
Attorneys who were transferred to inactive status for failure to pay the annual fee, for failure to comply with Continuing Legal Education requirements, or other grounds set forth in Rule 219(k), Pa. Rules of Disciplinary Enforcement, have a second extension or until September 1, 2010 to request reinstatement to active status.
Disciplinary Board Of Pennsylvania Now Requires Professional Liability Insurance On Annual Fee Form
(Harrisburg, Pa.) – Every attorney admitted to the Pennsylvania Bar is required to complete an annual fee form and pay the appropriate fee to the Attorney Registration Office at the Disciplinary Board of the Supreme Court of Pennsylvania. However, this year’s annual fee form, due by July 1st, has a new requirement.
2009
New Procedures for Attorneys Acquiring Inactive or Retired Status
In an attempt to streamline the process and expedite reinstatement, the Supreme Court of Pennsylvania recently adopted a series of changes regarding the procedure for attorneys wishing to become inactive.
Supreme Court of Pennsylvania adopts New rules governing inactive attorneys
HARRISBURG, April 16, 2009 — The Supreme Court of Pennsylvania today adopted a series of changes regarding the fees, reinstatement and categorization of the Commonwealth’s nearly 27,000 inactive attorneys.
2008
Disciplinary Board Proposes Changes to Conservatorship Rules; Comments Due 10/31
The Disciplinary Board has proposed extensive changes to Rules 321 through 328 of the Rules of Disciplinary Enforcement, regarding conservators for absent attorneys.
2007
New Rules Establish More Standardized And Efficient Procedures For Out-Of-State Lawyers
The Supreme Court of Pennsylvania has created a uniform process for eligible out-of-state lawyers to apply for permission to participate in a particular case in the Commonwealth.
Public Hearings Access/Confidentiality Policy Clarified
On May 23, 2007, the Supreme Court of Pennsylvania issued an order amending Rule 402 of the Pennsylvania Rules of Disciplinary Enforcement, concerning access to disciplinary information and confidentiality, to clarify the circumstances under which disciplinary proceedings will be confidential.
Pennsylvania Lobbying Disclosure Law
Lawyers who engage in legislative advocacy should be aware of the passage of the Pennsylvania Lobbying Disclosure Law, P.L. 2006-134 (November 1, 2006, effective January 1, 2007), 65 Pa.C.S. §13A01 et seq.
PBA Issues Ethics Opinion on File Management
The Committee on Legal Ethics and Professional Responsibility of the Pennsylvania Bar Association has issued Formal Opinion 2007-100 regarding “Client Files – Rights of Access, Possession, and Copying, along with Retention Considerations.”
Disciplinary Board Seeks Comments on Property Handling Revisions
The Disciplinary Board has published proposed revisions to Rule 1.15 of the Pennsylvania Rules of Professional Conduct and Rule 221 of the Pennsylvania Rules of Disciplinary Enforcement, regarding handling of the property of others. The proposed changes are published at 37 Pa.B. 394 [Saturday, January 27, 2007].
Disciplinary Board Proposes Clarification of Open System Rule
The Disciplinary Board has also proposed an amendment to Rule 402 of the Pennsylvania Rules of Disciplinary Enforcement, dealing with the extent to which disciplinary proceedings are open to the public. The proposal is published at 37 Pa.B. 520 [February 3, 2007].
Rules for Former Attorney Employment Clarified
On December 11, 2006, the Supreme Court of Pennsylvania adopted an amendment to Rule 217(j) of the Pennsylvania Rules of Disciplinary Enforcement. Previously, this section had defined the limits of activities which a formerly admitted attorney (disbarred, suspended, or on inactive status) could perform while "employed" by a law office.
2006
New Liability Insurance Disclosure Rule Exceeds ABA Standards
(Lemoyne, Pa.) - The Pennsylvania Supreme Court Disciplinary Board announces an amendment to the Pennsylvania Rules of Professional Conduct for attorneys requiring lawyers to inform new clients in writing if the lawyer does not have professional liability insurance.
Disciplinary Board Proposes Property Handling Rule Revisions - Update: Comments deadline extended to 8/10/2006.
The Disciplinary Board has published for comment a series of revisions to Rule 1.15 of the Pennsylvania Rules of Professional Conduct and Rule 221 of the Pennsylvania Rules of Disciplinary Enforcement, intended to define and clarify the responsibilities for handling funds of lawyers handling estates or otherwise acting in fiduciary capacities.
Supreme Court Adopts Revocation as New Form of Discipline
The Supreme Court of Pennsylvania has amended the Pennsylvania Bar Admission Rules and the Pennsylvania Rules of Disciplinary Enforcement to provide for a new form of discipline, revocation of a law license. Revocation would be a penalty imposed upon those who deliberately make false statements or withhold material information in the process of application for admission to the bar.
Supreme Court Requires Disclosure of Lack of Malpractice Coverage
On December 30, 2005, the Supreme Court of Pennsylvania adopted new Rule 1.4(c) of the Pennsylvania Rules of Professional Conduct, regarding communication with clients, which requires lawyers who do not have professional liability insurance coverage to disclose this fact to clients in writing.
Disciplinary Board Implements Open System Rules
On Saturday, February 25, 2006, the Disciplinary Board published amendments to the Rules of the Disciplinary Board to implement the Open System initiative adopted by changes to the Pennsylvania Rules of Disciplinary Enforcement announced on October 26, 2005.
Board Limits Time for Subpoena Challenges
The Disciplinary Board has amended Section 91.3(b) of the Rules of the Disciplinary Board regarding challenges to subpoenas. The new rule requires that all motions challenging subpoenas must be filed within ten (10) days after service of the subpoena.
2005
Revocation as New Form of Discipline Proposed
The Disciplinary Board and the Pennsylvania Board of Law Examiners have jointly proposed that a new form of discipline, revocation of a law license, be created. Revocation would be a penalty imposed upon those who deliberately make false statements or withhold material information in the process of application for admission to the bar.
New IOLTA Rules Announced
On November 21, 2005, the Supreme Court adopted an extensive set of revisions to the rules of the Pennsylvania Interest on Lawyer Trust Accounts (IOLTA) program. The changes take into account several developments including the revision of Rule 1.15 of the Pennsylvania Rules of Disciplinary Enforcement and recent Supreme Court rulings.
Pennsylvania Supreme Court Adopts Rule Change Recommended By The Disciplinary Board
(Camp Hill, Pa.) - Marvin J. Rudnitsky, Chairman of the Disciplinary Board of the Supreme Court of Pennsylvania, a 16-member agency created by the Supreme Court with oversight and investigative power to review the conduct of Pennsylvania lawyers, announced today that the Supreme Court has approved the Board's proposed amendments to the established process of disciplinary proceedings.
Supreme Court Opens Disciplinary System to Public View
On October 26, 2005, the Supreme Court of Pennsylvania adopted an order in which it changed a confidentiality policy that has been in effect since the founding of the Disciplinary Board thirty-three years ago, and ordered that disciplinary proceedings will become public matters, once a proceeding is initiated by a Petition for Discipline and the respondent-attorney has had an opportunity to answer the charges. This proposal was originally published by the Disciplinary Board in June 2004.
Disciplinary Board Proposes Mandatory Liability Insurance Disclosure
The Disciplinary Board has published a Notice of Proposed Rulemaking for a new Section (c) of Rule 1.4 of the Pennsylvania Rules of Professional Conduct, Communication.
Supreme Court Approves Discipline By Consent Rule Changes
On May 24, 2005, the Supreme Court of Pennsylvania adopted changes to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement which allow the entry of discipline by consent, bypassing the hearing process.
Supreme Court Amends Code of Civility
By order dated April 21, 2005, the Supreme Court of Pennsylvania adopted changes to the Code of Civility, which is published at 204 Pa.Code Chapter 99.
Supreme Court Adopts Amendments to Rule on Property Handling
On April 5, 2005, the Supreme Court of Pennsylvania put in place the last major piece of its complete overhaul of the Pennsylvania Rules of Professional Conduct, adopting changes to Rule 1.15 of the RPC, and also amendments to Rule 221 of the Pennsylvania Rules of Disciplinary Enforcement, creating new standards of conduct governing the handling of property of others by lawyers.
Supreme Court Adopts Foreign Legal Consultants Rule, Changes to Rules Involving Limited Licenses
On March 17, 2005, the Supreme Court adopted a number of changes to the Pennsylvania Bar Admission Rules and the Pennsylvania Rules of Disciplinary Enforcement related to limited licenses to practice law in Pennsylvania.
Lawyer-Lobbyists Permitted to Make Required Disclosures
In an order dated January 6, 2005, the Supreme Court of Pennsylvania approved the addition of a comment to Rule 1.6 of the Pennsylvania Rules of Professional Conduct.
Supreme Court Adopts New Rule on Prospective Clients
On January 6, 2005, the Supreme Court of Pennsylvania adopted a new Rule 1.18 of the Pennsylvania Rules of Professional Conduct, dealing with prospective clients.
Ethics 2000 Changes to Rules of Professional Conduct Take Effect
On August 23, 2004, the Supreme Court of Pennsylvania entered an order adopting the most sweeping set of changes to the Pennsylvania Rules of Professional Conduct since the adoption of that ethical code in April 1988. As of January 1, 2005, these changes are now in effect and apply to all legal matters currently in progress.
2004
Rule Change Allowing Discipline by Consent Proposed
The Disciplinary Board is requesting comments on a proposed change to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement, which would allow Disciplinary Counsel and a lawyer facing disciplinary inquiry to file a joint petition requesting Disciplinary Board approval for an agreed statement of charges and violations, and a joint recommendation for discipline.
Supreme Court Adopts Changes to Subpoenas Rule
On November 22, 2004, the Supreme Court of Pennsylvania approved changes to Rule 213 of the Pennsylvania Rules of Disciplinary Enforcement, making new provisions for Supreme Court review of determinations on the validity of subpoenas issued in disciplinary matters.
New Rule Sets Timeline for Settlement Delivery
The Supreme Court of Pennsylvania has adopted a new Rule 229.1 of the Pennsylvania Rules of Civil Procedure, which requires that defendants released of liability in settlement agreements must deliver any settlement funds due to the plaintiff within twenty (20) days of receipt of an executed release.
Supreme Court Sets New Standards for Counsel in Capital Criminal Cases
On June 4, 2004, the Supreme Court adopted a new rule setting standards for experience and continuing legal education required of all criminal defense counsel representing defendants in proceedings involving possible capital punishment.
Supreme Court Creates Limited Military Law License
Continuing a trend toward recognizing limited law licenses for specific purposes in Pennsylvania, the state Supreme Court has adopted a new Rule 303 of the Pennsylvania Bar Admission Rules, creating a limited admission for military attorneys.
Supreme Court Adopts Multijurisdictional Practice Amendment
By order dated April 30, 2004, the Supreme Court of Pennsylvania adopted amendments to Rule 5.5 of the Pennsylvania Rules of Professional Conduct, dealing with practice in Pennsylvania by lawyers not admitted in Pennsylvania, but admitted to practice in another jurisdiction of the United States or a foreign jurisdiction.
Supreme Court Approves Adoption of Limited In-House Corporate Counsel License
By order dated March 30, 2004, the Supreme Court of Pennsylvania has adopted a new Rule 302 of the Pennsylvania Bar Admission Rules, which allow attorneys not admitted to the bar of Pennsylvania to obtain a Limited In-house Corporate Counsel License to work for corporations in Pennsylvania.
“Foreign Legal Consultant” Status Proposed in Rule Amendments by Pennsylvania Board of Law Examiners and Disciplinary Board
The Disciplinary Board and the Pennsylvania Board of Law Examiners (PBLE) have jointly proposed amendments to their respective governing rules which would allow individuals licensed to practice law in foreign countries to perform limited services in Pennsylvania as “foreign legal consultants,” providing information and advice on the law of the countries in which they are licensed.
Disciplinary Board Publishes Proposed Rule 1.15 Amendments
The Disciplinary Board has published for comment a set of major revisions to Rule 1.15 of the Pennsylvania Rules of Professional Conduct, which governs the handling of property of others, including money, by Pennsylvania lawyers. The proposal was published in the Legal Intelligencer on Monday, March 29, 2004, and will appear in the Pennsylvania Bulletin imminently.
2003
Supreme Court Extends Lobby Law Coverage to Lawyer-Lobbyists
Chief Justice of Pennsylvania Ralph J. Cappy today announced the implementation of a new Supreme Court rule regarding lawyers who act as lobbyists. The new rule amends the Supreme Court’s Rules of Professional Conduct, the Court’s stringent standards that guide a lawyer’s professional and ethical conduct.
Amendments to Rules of Disciplinary Enforcement
On September 19, 2003, the Supreme Court of Pennsylvania adopted three amendments to the Pennsylvania Rules of Disciplinary Enforcement, to be effective upon their publication in the Pennsylvania Bulletin.
ABA Debates Confidentiality Considerations
The evolution of lawyer ethical standards is an ongoing process. The profession is constantly reviewing and updating the standards governing the conduct of lawyers in the light of contemporary experience. At the American Bar Association convention in San Francisco during the week of August 4, leading scholars on legal ethics will be debating whether revisions to the Rules of Professional Conduct regarding confidentiality are needed in the aftermath of corporate scandals that have occurred in recent years.
Disciplinary Board Proposes Confidentiality Exception for Pennsylvania Lawyers Fund for Client Security
The Disciplinary Board has published a proposed amendment to Rule 402 of the Pennsylvania Rules of Disciplinary Enforcement, which provides for the confidentiality of disciplinary proceedings.