204 Pa. Code § 89.272 - Waiting period
(a)
General rule relating to disbarment. Enforcement Rule 218(b)
provides that a person who has been disbarred may not apply for reinstatement
until the expiration of at least five years from the effective date of the
disbarment, except that a person who has been disbarred pursuant to §
91.51 (relating to reciprocal
discipline and disability) may apply for reinstatement at any earlier date on
which reinstatement may be sought in the jurisdiction of initial discipline.
Enforcement Rule 217(e)(3) and its Note, and Enforcement Rule 218(b) provide
that after the entry of an order of disbarment, which order has been entered on
or after February 28, 2015, the waiting period for eligibility to apply for
reinstatement to the practice of law shall not begin until the formerly
admitted attorney files the verified statement required by §
91.96 (relating to proof of
compliance); and that if the order of disbarment contains a provision that
makes the disbarment retroactive to an earlier date, the waiting period will be
deemed to have begun on that earlier date.
(b)
General rule relating to
suspension for a period exceeding one year. Enforcement Rule 217(e)(3)
and its Note provide that after the entry of an order of suspension for a
period exceeding one year, which order has been entered on or after February
28, 2015, the waiting period for eligibility to apply for reinstatement to the
practice of law shall not begin until the formerly admitted attorney files the
verified statement required by §
91.96 (relating to proof of
compliance); and that if the order of suspension contains a provision that
makes the suspension retroactive to an earlier date, the waiting period will be
deemed to have begun on that earlier date.
(c)
Premature petitions.
Unless otherwise provided in an order of suspension or disbarment, the Board
will not entertain a petition for reinstatement filed prior to the expiration
of the period set forth in subsection (a), or more than nine months prior to
the expiration of the term of suspension, as the case may be. The Board will
also not entertain a petition for reinstatement filed before the formerly
admitted attorney has paid in full any costs taxed under §
89.209 (relating to expenses of
formal proceedings) or under §
89.278 (relating to expenses of
reinstatement proceedings) with respect to any previous reinstatement
proceeding and has made any required restitution to the Lawyers Fund for Client
Security under Enforcement Rule 531 (relating to restitution a condition for
reinstatement).
(d)
Second
or subsequent petitions. Where a petition for reinstatement has been
finally denied, the Board, unless otherwise ordered by the Supreme Court in a
specific case, will not entertain a second or subsequent petition for
reinstatement until after the expiration of at least one year after the
immediately preceding petition has been finally denied.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.