204 Pa. Code r. 83.219 - Annual registration and assessment Administrative suspension Administrative changes in status
(a)
Annual Registration Period. The annual registration period
shall run from July 1 to June 30. On or before May 15 of each year, the
Attorney Registration Office shall transmit an electronic notice to register
and pay the annual assessment by July 1. Failure to receive notice shall not
excuse the filing of the annual registration form and payment of the annual
assessment.
(1)
Attorneys required to
register. Attorneys on the following license statuses are required to
register annually:
(i) Active
status.
(ii) Attorneys holding the
following limited licenses:
(A) Foreign legal
consultant;
(B) Limited In-House
Corporate Counsel;
(C) Attorney
participant in defender or legal services programs; and
(D) Attorney spouse of an active-duty service
member.
(iii) Inactive
status.
Note: Attorneys admitted to the bar less than one year prior to July 1 are required to register.
(2)
Attorneys exempt from registration. Attorneys on the following
license statuses shall be exempt from annual registration:
(i) Judge status.
(ii) Retired status.
(iii) Emeritus status, except that such
attorneys shall be governed by the renewal provisions of Enforcement Rule
403(g).
(iv) Military attorney
status.
(b)
Annual Assessment. On or before July 1 of each year, all
attorneys required by paragraph (a)(1) of this rule to register, and who elect
one of those statuses, shall pay an annual assessment. Payment of the annual
assessment shall be made by credit or debit card or by check or money order
drawn on a U.S. financial institution in U.S. dollars. Payment shall not be
made using an IOLTA, trust, escrow, or other fiduciary account.
(1)
Active status. The total
annual assessment for active status is $275.
(2)
Limited licenses. The
total annual assessment for attorneys holding limited licenses under paragraph
(a)(1)(ii) is $275.
(3)
Inactive status. The annual assessment for inactive status is
$100.
An attorney may apply to the Board for a waiver of the annual assessment on the basis of financial hardship by submitting a waiver application and required documentation to the Attorney Registration Office by July 1. Financial hardship shall be determined by reference to the federal poverty guidelines.
Note: The total annual assessment required by paragraphs (b)(1) and (2) is apportioned as follows: $195 to the Disciplinary Board; $50 to the Pennsylvania Lawyers Fund for Client Security, see Enforcement Rule 502(b); and $30 to the Pennsylvania Interest on Lawyers Trust Accounts Board, see Pa.R.P.C. 1.15(u). The grant of a waiver under this subdivision (b) shall include waiver of the additional annual fees.
(c)
Annual Registration
Form. On or before July 1 of each year, all attorneys required by
paragraph (a)(1) of this rule to register shall electronically file with the
Attorney Registration Office a registration form. Upon an attorney's written
request and for good cause shown, the Attorney Registration Office shall grant
an exemption from the electronic filing requirement and provide a paper
registration form to the attorney for filing.
(1) The attorney shall provide the following
information on the form:
(i) The attorney's
current license status in this Commonwealth and all other state, federal, and
foreign courts and jurisdictions in which the attorney is or has ever been
licensed to practice law.
(ii) The
attorney's contact information, which shall specify information accessible to
the public. Upon an attorney's written request and for good cause shown, the
contact information will not be accessible to the public.
(iii) The financial accounts and information
identified in Enforcement Rule 221(q).
(iv) A statement that:
(A) the attorney is familiar and in
compliance with Rule
1.15 of the Pennsylvania Rules of
Professional Conduct regarding the handling of funds and other property of
clients and others and the maintenance of IOLTA accounts;
(B) the attorney's Trust Accounts comply with
Enforcement Rule 221(h) regarding the mandatory reporting of overdrafts on
fiduciary accounts; and
(C) the
attorney has reported all of the financial accounts and information identified
in Enforcement Rule 221(q).
(v) A statement that any action brought
against the attorney by the Pennsylvania Lawyers Fund for Client Security for
the recovery of monies paid by the Fund as a result of claims against the
attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or
Philadelphia County.
(vi) Whether
the attorney is covered by professional liability insurance on the date of
registration in the minimum amounts set forth in Rule of Professional Conduct
1.4(c); a covered attorney shall identify the insurance carrier.
(vii) Such other information as the Board may
from time to time direct.
(2) Submission of the annual registration
form through electronic means signifies the attorney's intent to sign the form.
By submitting the form electronically, the attorney certifies that the
electronic filing is true and correct.
(3) Every attorney who files the form shall
notify the Attorney Registration Office in writing of any change in the
information required under paragraphs (c)(1)(i), (ii), and (vi) (relating to
license status in other jurisdictions, contact information, and professional
liability insurance) within 30 days of such change.
(i) Changes to the information required by
paragraph (c)(1)(iii) (relating to financial account information) that occurs
after the filing of the registration form need only be reported on the next
annual registration form.
(ii)
Failure to timely register and file the next annual registration form shall not
excuse this subdivision's requirement of reporting changes in financial account
information on an annual basis on or before July 1, and failure to make such a
report shall constitute a violation of this rule.
(iii) Attorneys must promptly ensure that
IOLTA accounts are properly enrolled with the Pennsylvania IOLTA Board pursuant
to the applicable IOLTA regulations.
(d)
Proof of Registration.
The Attorney Registration Office shall issue a license card or certificate to
attorneys on active status and to attorneys holding limited licenses under
paragraph (a)(1)(ii) as acknowledgement of an attorney's completion of
registration and payment of the required annual assessment.
(e)
Incomplete Registration.
The annual registration requirement is not satisfied if the registration form
is incomplete, if the payment is incomplete, or if payment of the annual
assessment has been returned to the Board unpaid. Registration will be deemed
complete upon receipt of the completed registration form, satisfactory payment
of the annual assessment, and payment of any penalties or fees assessed under
subdivision (f).
(f)
Late
Payment Penalties; Collection Fee.
(1)
Late payment penalties.
(i) An attorney who fails to complete
registration on or before July 16 shall be automatically assessed a late
payment penalty that cannot be waived.
(ii) An attorney who fails to complete
registration on or before August 1 shall be automatically assessed a second
late payment penalty that cannot be waived.
(2)
Collection fee. The
Board shall charge a collection fee for any payment that has been returned to
the Board unpaid.
(g)
Administrative Suspension.
(1)
Failure to comply with the annual
registration requirements.
(i) After
August 1, the Attorney Registration Office shall certify to the Supreme Court
the name of every attorney who has failed to comply with the requirements of
this rule.
(ii) The Supreme Court
shall enter an order administratively suspending the named
attorneys.
(2)
Failure to comply with the Pennsylvania Rules for Continuing Legal
Education requirements.
(i) As set
forth in Pa.R.C.L.E. 111(b), the Pennsylvania Continuing Legal Education Board
shall report to the Supreme Court the name of every attorney who has failed to
comply with the Pennsylvania Rules for Continuing Legal Education.
(ii) The Supreme Court shall enter an order
administratively suspending the named attorneys.
(3)
Failure to comply with
Enforcement Rule 208(g) (relating to costs and fees).
(i) As set forth in Enforcement Rule
208(g)(4), the Board shall certify to the Supreme Court the name of every
attorney who has failed to pay taxed expenses and administrative fees in cases
other than a suspension that is not stayed in its entirety or
disbarment.
(ii) The Supreme Court
shall enter an order administratively suspending the named
attorneys.
(4)
Notice. Upon entry of an order of administrative suspension,
the Board shall send to the formerly admitted attorney by certified mail or by
electronic means the order of administrative suspension and provide notice that
the attorney shall comply with Enforcement Rule 217 (relating to formerly
admitted attorneys).
(5)
Immediate and subsequent restrictions. From the date of entry
of the order of administrative suspension until the effective date of the order
or such earlier date on which the attorney satisfies the deficiency that
resulted in the order of administrative suspension, the attorney shall not
accept any new cases or other client matters but may continue to represent
existing clients on existing matters. On and after the effective date of the
order, the formerly admitted attorney shall comply with all requirements of
Enforcement Rule 217 pertaining to administratively suspended
attorneys.
(h)
Administrative Change to Active Status.
(1)
Administrative suspension three
years or less. The formerly admitted attorney shall submit to the
Attorney Registration Office:
(i) a form
available through the Attorney Registration Office;
(ii) a verified statement that complies with
Enforcement Rule 217(e)(1) and also demonstrates compliance with Rule 217
during the term of administrative suspension; and
(iii) payment of any of the following as may
be applicable:
(A) the active annual
assessment for the year in which the request for active status is
made;
(B) the assessment that was
due for the year in which the attorney was administratively
suspended;
(C) late payment
penalties under subdivision (f);
(D) a collection fee under subdivision
(f);
(E) payment of any outstanding
costs and fees under Enforcement Rule 208(g); and
(F) an administrative fee.
If the order of administrative suspension was for the failure to comply under paragraph (g)(2) with the Pennsylvania Rules of Continuing Legal Education requirements, then administrative change to active status under this paragraph is contingent on the Attorney Registration Office confirming that the formerly admitted attorney has complied with the rules and regulations of the Continuing Legal Education Board and is eligible for reinstatement under these Enforcement Rules.
(2)
Inactive status three years or
less. The formerly admitted attorney shall submit to the Attorney
Registration Office:
(i) a form available
through the Attorney Registration Office;
(ii) payment of any of the following as may
be applicable:
(A) the active annual
assessment for the year in which the request for active status is made or the
difference between the active annual assessment and the inactive annual
assessment previously paid for that year;
(B) late payment penalties under subdivision
(f); and
(C) a collection fee under
subdivision (f).
(3)
Retired status three years or
less. The formerly admitted attorney shall submit to the Attorney
Registration Office:
(i) a form available
through the Attorney Registration Office; and
(ii) the active annual assessment for the
year in which the request for active status is made.
(4) Upon determination by the Attorney
Registration Office that the applicable requirements have been satisfied, the
Attorney Registration Office shall process the requested status
change.
(5) The procedures under
paragraph (1), (2) and (3) do not apply to:
(i) a formerly admitted attorney who, on the
date of the request for active status, has not been on active status at any
time within the preceding three years;
(ii) a formerly admitted attorney who has
sold his or her law practice by reason of disability and who has been
transferred to inactive status pursuant to Enforcement Rule 301 or 219(i)(1),
as required by Rule of Professional Conduct 1.17(f) (relating to the sale of a
law practice by reason of disability);
(iii) a formerly admitted attorney who is
subject to an outstanding order of disability inactive status, suspension,
temporary suspension, or disbarment; or
(iv) a formerly admitted attorney who, on the
date of the request for active status, has an outstanding obligation to the
Lawyers Fund for Client Security.
(i)
Administrative Change to Inactive
or Retired Status.
(1)
Active
status to inactive status. An attorney on active status seeking to
assume inactive status during a time outside the annual attorney registration
period shall submit a request for inactive status form to the Attorney
Registration Office.
Note: An attorney who is not: engaged in practice in Pennsylvania, handling Pennsylvania legal matters, or required by his or her practice elsewhere to maintain active licensure in the Commonwealth may request inactive status. An attorney who sells his or her practice by reason of disability must transfer to inactive status pursuant to this paragraph (i)(1) unless a transfer to disability inactive status pursuant to Enforcement Rule 301 occurs. See Pennsylvania Rule of Professional Conduct 1.17(f).
(2)
Active or inactive status to
retired status. An attorney on active or inactive status seeking to
assume retired status during a time outside the annual attorney registration
period shall submit a request for retired status form to the Attorney
Registration Office.
(3)
Administrative suspension to inactive status. A formerly
admitted attorney seeking to resume inactive status after transfer to
administrative suspension from inactive status shall submit to the Attorney
Registration Office:
(i) a form available
through the Attorney Registration Office;
(ii) a verified statement that complies with
Enforcement Rule 217(e)(1) and also demonstrates continued compliance with Rule
217 during the term of administrative suspension; and
(iii) payment of any of the following as may
be applicable:
(A) the inactive annual
assessment for the year in which the request for inactive status is
made;
(B) the inactive annual
assessment that was due in the year in which the attorney was administratively
suspended;
(C) late payment
penalties under subdivision (f);
(D) a collection fee under subdivision
(f);
(E) payment of any outstanding
costs and fees under Enforcement Rule 208(g); and
(F) an administrative
fee.
(4)
Administrative suspension to retired status. A formerly
admitted attorney seeking retired status after transfer to administrative
suspension shall submit to the Attorney Registration Office:
(i) a form available through the Attorney
Registration Office;
(ii) a
verified statement that complies with Enforcement Rule 217(e)(1) and also
demonstrates continued compliance with Rule 217 during the term of
administrative suspension;
(iii)
payment of any outstanding costs and fees under Enforcement Rule 208(g);
and
(iv) an administrative fee.
A formerly admitted attorney retired under paragraph (i)(4) who seeks to resume active status where a petition for reinstatement is not required shall pay all outstanding arrears assessed and satisfy all deficiencies in connection with the transfer to administrative suspension.
(5)
Upon determination by the Attorney Registration Office that the applicable
requirements have been satisfied, the Attorney Registration Office shall
process the requested status change.
(j)
Judge status.
(1) An attorney who commences judicial
service as a justice or judge on the following courts shall be assigned judge
status by the Attorney Registration Office:
(i) Pennsylvania courts of record: Supreme,
Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and
(ii) federal courts: Supreme, Court of
Appeals, Bankruptcy, and District Court, including full-time and parttime
magistrate judges not otherwise engaged in the practice of law.
(2) At the conclusion of judicial
service, an attorney holding judge status shall:
(i) within 20 days, notify the Attorney
Registration Office in writing of the conclusion of judicial service;
and
(ii) within 60 days, elect
either active status under paragraph (3) or retired status under paragraph
(4).
(3)
Administrative change to active status within 60 days of conclusion of
judicial service. A former justice or judge on judge status who seeks
to resume active status upon conclusion of judicial service shall, within 60
days, submit to the Attorney Registration Office:
(i) a form available through the Attorney
Registration Office;
(ii) a notice
in writing which shall set forth:
(A) any
discipline imposed within six years before the date of the notice upon the
justice or judge by the Court of Judicial Discipline; and
(B) any proceeding before the Judicial
Conduct Board or the Court of Judicial Discipline settled within six years
before the date of the notice on the condition that the justice or judge resign
from judicial office or enter a rehabilitation program;
(iii) a waiver available through the Attorney
Registration Office and signed by the former justice or judge of the
confidentiality of the record in any proceeding disclosed in the notice
provided under paragraph (ii), for the limited purpose of making the record
available to the Board in any subsequent proceeding under these
rules;
(iv) payment of the active
annual assessment for the year in which the request for active status is
made.
(4)
Administrative change to retired status within 60 days of conclusion of
judicial service. A former justice or judge on judge status who seeks
to assume retired status upon conclusion of judicial service shall, within 60
days, submit to the Attorney Registration Office a form available through that
office.
(5) Upon determination by
the Attorney Registration Office that the application requirements of paragraph
(3) or (4) have been satisfied, the Attorney Registration Office shall process
the requested status change.
(6) A
former justice or judge on judge status who fails to elect a new registration
status within 60 days of concluding judicial service shall be placed on retired
status by the Attorney Registration Office.
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.