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Disciplinary Board Adopts Conflicts Rule for Board Members

By an Order dated November 11, 2023, published at 53 Pa.B. 6997 (11/11/23), the Disciplinary Board adopted a new Section 93.30 to the Rules and Procedures of the Disciplinary Board, which sets forth certain classes of representation in which Board members are prohibited from engaging.

The rule provides that during their terms of office, members of the Disciplinary Board may not:

  • represent a respondent or petitioner in any disciplinary proceeding in the Pennsylvania disciplinary system;
  • testify as an expert witness in any Pennsylvania disciplinary proceeding;
  • serve as an expert witness in a legal professional liability dispute, absent exigent circumstances and prior Board approval;
  • or serve as an expert witness on ethics in litigation or trial in any state or federal court or before any other tribunal.

The amendment takes effect December 11, 2023.

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