Subject to additional definitions contained in subsequent provisions of this subpart which are applicable to specific chapters, subchapters or other provisions of this subpart, the following words and phrases, when used in the subpart shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
Absent attorney. An attorney or formerly admitted attorney for whom a conservator has been sought or appointed under the Enforcement Rules.
Administrative Office. The Administrative Office of Pennsylvania Courts.
Administrative suspension. Status of an attorney, after Court order, who: failed to pay the annual fee and/or file the form required by subdivisions (a) and (d) of Enforcement Rule 219; was reported to the Court by the Pennsylvania Continuing Legal Education Board under Rule 111(b), Pa.R.C.L.E., for having failed to satisfy the requirements of the Pennsylvania Rules for Continuing Legal Education; failed to pay any expenses taxed 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.
Attorney. Includes any person subject to these rules.
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 Pa.B.A.R. 301.
Attorney participant in defender or legal services programs. 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 spouse of an active-duty service member. 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.
Board Chair. The Chair of the Disciplinary Board of the Supreme Court of Pennsylvania.
Board Prothonotary. The Prothonotary of the Disciplinary Board.
Board Rule. Any provision of this Subpart.
Censure. Public censure by the Supreme Court.
Chief Disciplinary Counsel. The Chief Disciplinary Counsel appointed by the Board or, in the absence of such Chief Disciplinary Counsel, the Disciplinary Counsel designated by the Chief Disciplinary Counsel to serve in his absence. In the case of vacancy in office, absence or inability of such Chief Disciplinary Counsel, the Disciplinary Counsel designated by the Board.
Complaint. A grievance concerning an attorney communicated to the Office of Disciplinary Counsel or considered by the Office of Disciplinary Counsel on its own motion.
Conservator. A conservator appointed under § 91.121 (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.
Disciplinary Counsel. The Chief Disciplinary Counsel and Disciplinary Counsel within the Office of Disciplinary Counsel.
Disciplinary District. One of four districts into which this Commonwealth is divided for disciplinary purposes as set forth in § 93.1 (relating to disciplinary districts).
Disciplinary Rule. The provisions of the Code of Professional Responsibility, as adopted by the Supreme Court of Pennsylvania on 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, Pa. , and effective on April 1, 1988, as amended from time to time by special order. See Chapter 81 (relating to Rules of Professional Conduct).
Enforcement Rule. Any provision of Chapter 83 (relating to Rules of Disciplinary Enforcement).
Executive Office. The Office of the Disciplinary Board established by § 93.51 (relating to Executive Office), referred herein as the "Executive Office."
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.
Foreign legal consultant. A person who holds a current license as a foreign legal consultant issued under Pennsylvania Bar Admission Rule 341 (relating to 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, administratively suspended, permanently resigned, retired or inactive attorney.
Grievance. Alleged misconduct.
Hearing Committee. A hearing committee designated under § 93.81 (relating to hearing committees).
Informal Admonition. Private informal admonition 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.
Inquiry. Information concerning an attorney communicated to the Office of Disciplinary Counsel which does not amount to a complaint.
Investigation. Fact finding under the direction of the Office of Disciplinary Counsel with respect to alleged misconduct or to reinstatement.
Investigator. Any person designated by the Office of Disciplinary Counsel to assist it in investigation of alleged misconduct or of reinstatement.
IOLTA Account. An IOLTA Account as defined in Rule 1.15(d)(3) of the Pennsylvania Rules of Professional Conduct.
Legal Counsel. Counsel to the Board and Special Counsel.
Limited In-House Corporate Counsel License. A license issued under Pennsylvania Bar Admission Rule 302 (relating to limited in-house corporate counsel license).
Military attorney. An attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 303 (relating to limited admission of military attorneys).
Notarial officer. An officer authorized under § 91.14 (relating to officer before whom deposition is taken) to take depositions for use before a hearing committee.
Office of Disciplinary Counsel. The Office of Disciplinary Counsel established in § 93.61 (relating to Office of Disciplinary Counsel).
Participant. The respondent-attorney, any other person admitted by the Board to limited participation in a proceeding, and staff counsel.
Petition. A formal pleading filed by the Office of Disciplinary Counsel with the Board requesting action by the Board under the Disciplinary Rules, and Enforcement Rules or these rules.
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. Private reprimand by the Board.
Proof of service. A certificate of service complying with § 89.26 (relating to form of certificate of service).
Public Reprimand. Public reprimand by the Board.
Respondent-attorney. Includes any person subject to the Enforcement Rules (See § 85.3(a) (relating to jurisdiction)).
Reviewing hearing committee member. A hearing committee member designated under these rules to review the disposition of a complaint recommended by the Office of Disciplinary Counsel.
Rules. The provisions of this subpart.
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) a full three-year term on a panel of hearing committee members and on at least two hearing committees that have conducted at least two hearings into formal charges of misconduct by respondent-attorneys.
Special Master. Assigned under § 93.91 (relating to special masters) includes former Board members, former or retired justices or judges not on senior status, Special Counsel, and former senior hearing committee members.
Staff Counsel. The attorneys constituting the Office of Disciplinary Counsel and, where appropriate, the attorney or attorneys of the Office of Disciplinary Counsel who are assigned to a particular investigation or proceeding.
Verified Statement. A document with the Board or Court under the Enforcement Rules or these rules containing statements of fact and a statement by the signatory that is made subject to the penalties of Pa.C.S. § 4904 (relating to unsworn falsification to authorities).