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PA Bulletin, Doc. No. 96-620

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rules 219 and 221 of the Pennsylvania Rules of Disciplinary Enforcement; No. 208; Doc. No. 3

[26 Pa.B. 1806]

Order

Per Curiam:

   And Now, this 3rd day of April, 1996, Rules 219 and 221 of the Pennsylvania Rules of Disciplinary Enforcement are amended to read as set forth in Annex A hereto.

   To the extent that notice of proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the immediate amendment of these rules is hereby found to be required in the interest of justice and efficient administration.

   This Order shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration and the amendments shall take effect with respect to assessment years commencing July 1, 1996 and thereafter.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B. DISCIPLINARY ENFORCEMENT

CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B. MISCONDUCT

Rule 219.  Periodic assessment of attorneys; voluntary inactive status.

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   (d)(1)  On or before July 1 of each year all persons required by this rule to pay an annual fee shall file with the Administrative Office a signed statement on the form prescribed by the Administrative Office setting forth:

   (i)  The date on which the attorney was first admitted to practice in this Commonwealth, and a list of all courts (except courts of this Commonwealth) and jurisdictions in which the person has ever been licensed to practice law, with the current status thereof.

   (ii)  The current residence and office addresses of the attorney. Each address shall be an actual street address or rural route box number, and the Administrative Office shall refuse to accept a statement that sets forth only a post office box number for either required address.

   (iii)  The name of each financial institution in this Commonwealth in which the attorney on May 1 of the current year or at any time during the preceding 12 months held funds:

   (A)  of a client;

   (B)  in a fiduciary capacity customary to the practice of law, such as administrator, executor, trustee of an express trust, guardian or conservator; or

   (C)  as an escrow agent or other fiduciary, having been designated as such by a client or having been so selected as a result of the client-attorney relationship.

   (D)  A certification reading as follows: ''I certify that all fiduciary accounts that I maintain in Pennsylvania are in financial institutions that have been approved by the Supreme Court of Pennsylvania for the maintenance of such accounts pursuant to Pennsylvania Rule of Disciplinary Enforcement 221 (relating to mandatory overdraft notification).''

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Rule 221.  Mandatory overdraft notification.

   (a)  For purposes of this rule, a fiduciary account of an attorney is any account in which or with respect to which an attorney

   (1)  holds funds of a client,

   (2)  holds funds in a fiduciary capacity customary to the practice of law, such as administrator, executor, trustee of an express trust, guardian or conservator, or

   (3)  holds funds as an escrow agent or other fiduciary, having been so selected as a result of a client-attorney relationship.

   (b)  [A fiduciary account of an] An attorney shall maintain a fiduciary account with respect to his/her practice in this Commonwealth [may be maintained] only in a financial institution approved by the Supreme Court of Pennsylvania for the maintenance of such accounts. Subject to the provisions set forth herein, the Disciplinary Board shall establish regulations governing approval and termination of approval for financial institutions, shall make appropriate recommendations to the Supreme Court of Pennsylvania concerning approval and termination, and shall periodically publish a list of approved financial institutions.

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[Pa.B. Doc. No. 96-620. Filed for public inspection April 19, 1996, 9:00 a.m.]


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