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PA Bulletin, Doc. No. 99-815

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Proposed Amendment to the Rule Relating to Permissible Law-Related Activities of Formerly Admitted Attorneys

[29 Pa.B. 2663]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania (Board) is considering recommending to the Supreme Court of Pennsylvania that it amend the Pennsylvania Rules of Disciplinary Enforcement, to read as set forth in Annex A, to specify what law-related activities may be engaged in by formerly admitted attorneys.

   The Board has encountered numerous situations in which a lawyer who has been disbarred or suspended has been employed as a paralegal or law clerk during the period of disbarment or suspension. The Board believes that it is beneficial for persons who may seek reinstatement to be able to maintain their contact with the law because one of the requirements for reinstatement is that a formerly admitted attorney demonstrate competency and learning in law. At the same time, however, the Board is concerned that formerly admitted attorneys not engage in acts constituting the practice of law. In addition, the Board is concerned that formerly admitted attorneys not encounter clients and other parties under circumstances that could lead to the mistaken impression that the formerly admitted attorney is still admitted to practice. Proposed new Pa.R.D.E. 217(j) attempts to balance those concerns against the benefits of formerly admitted attorneys staying involved with the law.

   Interested persons are invited to submit written comments regarding the proposed amendment to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, First Floor, Two Lemoyne Drive, Lemoyne, PA 17043, on or before June 11, 1999.

By The Disciplinary Board of the
   Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Executive Director & Secretary

Annex A

TITLE 204.  JUDICIARY SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B.  MISCONDUCT

Rule 217.  Formerly admitted attorneys.

*      *      *      *      *

   (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 direct 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 employed by a law firm, an attorney of the firm shall be designated by the firm 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 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 or lawyer if the formerly admitted attorney was associated with that law firm or lawyer on or after the date on which the acts which resulted in the disbarment or suspension occurred, through and including the effective date of disbarment or suspension;

   (ii)  performing any law-related services from an office that is not staffed, on a full time basis, by a supervising attorney;

   (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;

   (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 employment, identifying the supervising attorney, certifying that the formerly admitted attorney has been employed and 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 employment of the formerly admitted 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).

   Note:  Subdivision (j) is addressed only to the special circumstance of formerly admitted attorneys engaging in law-related activities and should not be read more broadly to define the permissible activities that may be conducted by a paralegal, law clerk, investigator, etc. who is not a formerly admitted attorney. Subdivision (j) is also not intended to establish a standard for what constitutes the unauthorized practice of law. Finally, subdivision (j) is not intended to prohibit a formerly admitted attorney from performing services that are not unique to law offices, such as physical plant or equipment maintenance, courier or delivery services, catering, typing or transcription or other similar general office support activities.

[Pa.B. Doc. No. 99-815. Filed for public inspection May 21, 1999, 9:00 a.m.]


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