204 Pa. Code r. 83.217 - Formerly admitted attorneys
(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.
(d)
(1) Orders imposing suspension, disbarment,
temporary suspension, administrative suspension or transfer to disability
inactive status shall be effective 30 days after entry. The formerly admitted
attorney, after entry of the disbarment, suspension, temporary suspension,
administrative suspension or transfer to disability inactive status order,
shall not accept any new retainer or engage as attorney for another in any new
case or legal matter of any nature. However, during the period from the entry
date of the order and its effective date the formerly admitted attorney may
wind up and complete, on behalf of any client, all matters which were pending
on the entry date.
(2) In addition
to the steps that a formerly admitted attorney must promptly take under other
provisions of this Rule to disengage from the practice of law, a formerly
admitted attorney shall promptly cease and desist from using all forms of
communication that expressly or implicitly convey eligibility to practice law
in the state courts of Pennsylvania, including but not limited to professional
titles, letterhead, business cards, signage, websites, and references to
admission to the Pennsylvania Bar.
(3) In cases of disbarment, suspension for a
period exceeding one year, temporary suspension under Enforcement Rule 208(f)
or 213(g), or disability inactive status under Enforcement Rule 216 or 301, a
formerly admitted attorney shall also promptly:
(i) resign all appointments as personal
representative, executor, administrator, guardian, conservator, receiver,
trustee, agent under a power of attorney, or other fiduciary
position;
(ii) close every IOLTA,
Trust, client and fiduciary account;
(iii) properly disburse or otherwise transfer
all client and fiduciary funds in his or her possession, custody or control;
and
(iv) take all necessary steps
to cancel or discontinue the next regular publication of all advertisements and
telecommunication listings that expressly or implicitly convey eligibility to
practice law in the state courts of Pennsylvania.
The formerly admitted attorney shall maintain records to demonstrate compliance with the provisions of paragraphs (2) and (3) and shall provide proof of compliance at the time the formerly admitted attorney files the verified statement required by subdivision (e)(1) of this Rule.
(e)
(1) Within ten days after the effective date
of the disbarment, suspension, temporary suspension, administrative suspension
or transfer to disability inactive status order, the formerly admitted attorney
shall file with the Board a verified statement and serve a copy on Disciplinary
Counsel. In the verified statement, the formerly admitted attorney shall:
(i) aver that the provisions of the order and
these rules have been fully complied with;
(ii) list all other state, federal and
administrative jurisdictions to which the formerly admitted attorney is
admitted to practice, aver that he or she has fully complied with the notice
requirements of paragraph (3) of subdivision (c) of this Rule, and aver that he
or she has attached copies of the notices and proofs of receipt required by
(c)(3); or, in the alternative, aver that he or she was not admitted to
practice in any other tribunal, court, agency or jurisdiction;
(iii) aver that he or she has attached copies
of the notices required by subdivisions (a), (b), and (c)(1) and (c)(2) of this
Rule and proofs of receipt, or, in the alternative, aver that he or she has no
clients, third persons to whom a fiduciary duty is owed, or persons with whom
the formerly admitted attorney has professional contacts, to so
notify;
(iv) in cases of disbarment
or suspension for a period exceeding one year, aver that he or she has attached
his or her attorney registration license card or certificate for the current
year, certificate of admission, any certificate of good standing issued by the
Court Prothonotary, and any other certificate required by subdivision (h) of
this Rule to be surrendered; or, in the alternative, aver that he or she has
attached all such documents within his or her possession, or that he or she is
not in possession of any of the certificates required to be
surrendered;
(v) aver that he or
she has complied with the requirements of paragraph (2) of subdivision (d) of
this Rule, and aver that he or she has, to the extent practicable, attached
proof of compliance, including evidence of the destruction, removal, or
abandonment of indicia of Pennsylvania practice; or, in the alternative, aver
that he or she neither had nor employed any indicia of Pennsylvania
practice;
(vi) in cases of
disbarment, suspension for a period exceeding one year, temporary suspension
under Enforcement Rule 208(f) or 213(g), or disability inactive status under
Enforcement Rule 216 or 301, aver that he or she has complied with the
requirements of paragraph (3) of subdivision (d) of this Rule, and aver that he
or she has attached proof of compliance, including resignation notices,
evidence of the closing of accounts, copies of cancelled checks and other
instruments demonstrating the proper distribution of client and fiduciary
funds, and requests to cancel advertisements and telecommunication listings;
or, in the alternative, aver that he or she has no applicable appointments,
accounts, funds, advertisements, or telecommunication listings;
(vii) aver that he or she has served a copy
of the verified statement and its attachments on Disciplinary
Counsel;
(viii) set forth the
residence or other address where communications to such person may thereafter
be directed; and
(ix) sign the
statement.
The statement shall contain an averment that all statements contained therein are true and correct to the best of the formerly admitted attorney's knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Note: A respondent-attorney who is placed on temporary suspension is required to comply with subdivision (e)(1) and file a verified statement. Upon the entry of a final order of suspension or disbarment, the respondent attorney must file a supplemental verified statement containing the information and documentation not applicable at the time of the filing of the initial statement, or all of the information and documentation required by subdivision (e)(1) if the respondent-attorney has failed to file the initial statement. Although the grant of retroactivity is always discretionary, a respondent-attorney who fails to file a verified statement at the time of temporary suspension should not expect a final order to include a reference to retroactivity.
(2) A formerly admitted attorney shall
cooperate with Disciplinary Counsel and respond completely to questions by
Disciplinary Counsel regarding compliance with the provisions of this
Rule.
(3) After the entry of an
order of disbarment or suspension for a period exceeding one year, 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 subdivision (e)(1) of this Rule. If the order of disbarment or
suspension contains a provision that makes the discipline retroactive to an
earlier date, the waiting period will be deemed to have begun on that earlier
date.
(f) The Board
shall cause a notice of the suspension, disbarment, temporary suspension,
administrative suspension or transfer to disability inactive status to be
published in the legal journal and a newspaper of general circulation in the
county in which the formerly admitted attorney practiced. The cost of
publication shall be assessed against the formerly admitted attorney.
(g) The Board shall promptly transmit a
certified copy of the order of suspension, disbarment, temporary suspension,
administrative suspension or transfer to disability inactive status to the
president judge of the court of common pleas in the judicial district in which
the formerly admitted attorney practiced. The president judge shall make such
further order as may be necessary to fully protect the rights of the clients of
the formerly admitted attorney.
(h)
Within ten days after the effective date of an order of disbarment or
suspension for a period longer than one year, the formerly admitted attorney
shall surrender to the Board the license card or certificate issued by the
Attorney Registration Office under Enforcement Rule 219(d) (relating to annual
registration and assessment) for the current year, along with any certificate
of good standing issued under Pennsylvania Bar Admission Rule 201(c) (relating
to certification of good standing), certificate of admission issued under
Pennsylvania Bar Admission Rule 231(d)(3) (relating to action by Court
Prothonotary), certificate of licensure issued under Pennsylvania Bar Admission
Rule 341(e)(3) (relating to motion for licensure), Limited In House Corporate
Counsel License issued under Pennsylvania Bar Admission Rule 302 (relating to
limited inhouse corporate counsel license), limited certificate of admission
issued under Pennsylvania Bar Admission Rule 303 (relating to limited admission
of military attorneys), limited certificate of admission issued under
Pennsylvania Bar Admission Rule 304 (relating to limited admission of attorney
spouses of active-duty service members), or limited certificate of admission
issued under Pennsylvania Bar Admission Rule 311 (relating to attorney
participants in defender or legal services programs). The Board may destroy the
annual license card or certificate issued under enforcement Rule 219(d), but
shall retain any other documents surrendered under this subdivision and shall
return those documents to the formerly admitted attorney in the event that he
or she is subsequently reinstated.
(i) A formerly admitted attorney shall keep
and maintain records of the various steps taken by such person under these
rules so that, upon any subsequent proceeding instituted by or against such
person, proof of compliance with these rules and with the disbarment,
suspension, temporary suspension, administrative suspension or transfer to
disability inactive status order will be available. Proof of compliance with
these rules shall be a condition precedent to any petition for
reinstatement.
(j) A formerly
admitted attorney may not engage in any form of law-related activities in this
Commonwealth except in accordance with the following requirements:
(1) All law-related activities of the
formerly admitted attorney shall be conducted under the supervision of a member
in good standing of the Bar of this Commonwealth who shall be responsible for
ensuring that the formerly admitted attorney complies with the requirements of
this subdivision (j). If the formerly admitted attorney is engaged by a law
firm or other organization providing legal services, whether by employment or
other relationship, an attorney of the firm shall be designated by the firm or
organization as the supervising attorney for purposes of this
subdivision.
(2) For purposes of
this subdivision (j), the only law-related activities that may be conducted by
a formerly admitted attorney are the following:
(i) legal work of a preparatory nature, such
as legal research, assembly of data and other necessary information, and
drafting of transactional documents, pleadings, briefs, and other similar
documents;
(ii) direct
communication with the client or third parties to the extent permitted by
paragraph (3); and
(iii)
accompanying a member in good standing of the Bar of this Commonwealth to a
deposition or other discovery matter or to a meeting regarding a matter that is
not currently in litigation, for the limited purpose of providing clerical
assistance to the member in good standing who appears as the representative of
the client.
(3) A
formerly admitted attorney, organization may have direct communication with a
client or third party regarding a matter being handled by the attorney or firm
for which the formerly admitted attorney works only if the communication is
limited to ministerial matters such as scheduling, billing, updates,
confirmation of receipt or sending of correspondence and messages. The formerly
admitted attorney shall clearly indicate in any such communication that he or
she is a legal assistant and identify the supervising attorney.
(4) Without limiting the other restrictions
in this subdivision (j), a formerly admitted attorney is specifically
prohibited from engaging in any of the following activities:
(i) performing any law-related activity for a
law firm, organization or lawyer if the formerly admitted attorney was
associated with that law firm, organization or lawyer on or after the date on
which the acts which resulted in the disbarment, suspension or temporary
suspension occurred, through and including the effective date of disbarment,
suspension or temporary suspension;
(ii) performing any law-related services from
an office that is not staffed by a supervising attorney on a full-time
basis;
(iii) performing any
law-related services for any client who in the past was represented by the
formerly admitted attorney;
(iv)
representing himself or herself as a lawyer or person of similar
status;
(v) having any contact with
clients either in person, by telephone, or in writing, except as provided in
paragraph (3);
(vi) rendering legal
consultation or advice to a client;
(vii) appearing on behalf of a client in any
hearing or proceeding or before any judicial officer, arbitrator, mediator,
court, public agency, referee, magistrate, hearing officer or any other
adjudicative person or body;
(viii)
appearing as a representative of the client at a deposition or other discovery
matter;
(ix) negotiating or
transacting any matter for or on behalf of a client with third parties or
having any contact with third parties regarding such a negotiation or
transaction; and
(x) receiving,
disbursing or otherwise handling client funds.
(5) The supervising attorney and the formerly
admitted attorney shall file with the Disciplinary Board a notice of
engagement, identifying the supervising attorney certifying that the formerly
admitted attorney's activities will be monitored for compliance with this
subdivision (j). The supervising attorney and the formerly admitted attorney
shall file a notice with the Disciplinary Board immediately upon the
termination of the engagement between the formerly admitted attorney and the
supervising attorney.
(6) The
supervising attorney shall be subject to disciplinary action for any failure by
either the formerly admitted attorney or the supervising attorney to comply
with the provisions of this subdivision (j).
Notes
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