THE COURTS
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
[204 PA. CODE CHS. 81 and 83]
Proposed Amendments to the Pennsylvania Rules of Disciplinary Enforcement 102, 201, 204, 205, 208, 212, 216, 217, 218, 219, 221, 301, 321, 401, 402, 403, 502, 521, and 531 and Pennsylvania Rule of Professional Conduct 1.17
[52 Pa.B. 942]
[Saturday, February 12, 2022]Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania (''Board'') is considering recommending to the Supreme Court of Pennsylvania (''Court'') that the Court amend the Pennsylvania Rules of Disciplinary Enforcement (''Pa.R.D.E.'') and Pennsylvania Rules of Professional Conduct (''RPC''), as set forth in Annex A. The focal point of this omnibus package is the proposal to amend Pa.R.D.E. 219 governing annual registration and assessment of attorneys, administrative suspension, and administrative status changes.
EXPLANATORY REPORT Pa.R.D.E. 219. Annual registration and assessment. Administrative suspension. Administrative changes in status.
Current Pa.R.D.E. 219 addresses the annual attorney registration process and the consequences of an attorney's failure to complete that process. The rule also governs certain status changes. The Board recently undertook a full review of the rule, following which the Board determined that the rule lacks some critical procedural information and is not well-organized. The comprehensive revisions are intended to improve readability, consistency, and flow of information and ensure that all aspects of the registration process and the requirements pertaining to status changes are addressed so that attorneys can more easily understand and fulfill their annual license obligations.
The proposal changes the rule's title to ''Annual registration and assessment. Administrative suspension. Administrative changes in status.'' The new title more accurately describes the scope of the rule. Subdivisions (a) through (g) govern the registration process and the consequences of an attorney's failure to complete registration. Subdivisions (h) and (i) govern administrative status changes processed by the Attorney Registration Office (''ARO'') and set forth the requirements necessary for an attorney to assume a different status. Subdivision (j) governs status changes for judges who sit on courts as specified under the rule and who are assigned ''judge status'' by the ARO.
• Subdivision (a) sets forth the registration period and specifies which license statuses are required to register and which license statuses are exempt.
• Subdivision (b) sets forth the requirement to pay the annual assessment, how it is to be paid, and the amount for active status, inactive status, and limited licenses. The Note informs how the total assessment is apportioned among the Board, IOLTA Board, and Pennsylvania Lawyers Fund for Client Security.
• Subdivision (c) sets forth the requirement to electronically file an annual registration form and further provides that upon written request and for good cause shown, the ARO shall grant an exemption from the electronic filing requirement and allow a paper filing.
◦ Paragraphs (c)(1)(i)—(vii) set forth the information required to be provided by the attorney on the registration form. Proposed paragraph (c)(1)(vi) maintains the current requirement that the attorney indicate whether he or she is covered by professional liability insurance, along with a new requirement that the attorney identify the professional liability insurance carrier.
◦ Paragraph (c)(3) maintains the requirement that every attorney who files the form notify the ARO of changes in contact information, license status in other jurisdictions, and change in professional liability coverage, within 30 days of the change.
◦ Paragraph (c)(4) is new and requires every attorney regardless of registration status, to provide contact information to the ARO and update the information within 30 days of any change. This includes attorneys who cannot or are not required to annually register, such as disbarred, suspended, administratively suspended, and retired attorneys.
• Subdivision (d) provides that the ARO will issue a license card or certificate to acknowledge completion of registration and payment of the annual assessment.
• Subdivision (e) addresses incomplete registration.
• Subdivision (f) addresses late payment penalties and sets forth the dates when such are assessed. The subdivision further informs that the Board will charge a collection fee for any payment that has been returned to the Board unpaid.
• Subdivision (g) governs administrative suspension, which is the result of failure to comply with the registration requirements, failure to comply with CLE requirements, or failure to comply with Pa.R.D.E. 208(g) (nonpayment of costs and fees). This subdivision also addresses notice to the attorney of the order of administrative suspension and the restrictions on an attorney's practice during the time that the attorney fails to satisfy the deficiency that led to the administrative suspension.
• Subdivision (h) governs administrative changes to active status. These are requests to the ARO from attorneys who have been administratively suspended, retired, or on inactive status for three years or less and seek active status. Paragraphs (h)(1)(4) guide the attorney through the requirements to resume active status. Paragraph (h)(5) sets forth those categories of attorneys who are excluded from resuming active status under the procedures set forth in (h). Included in paragraph (h)(5) is a formerly admitted attorney who, on the date of the request for active status, has an outstanding obligation to the Pennsylvania Lawyers Fund for Client Security, as an attorney who owes monies to the Fund should not be permitted to resume active status until the Fund is reimbursed.
• Subdivision (i) governs administrative changes from active status to inactive status, active or inactive status to retired status, administrative suspension to inactive status, and administrative suspension to retired status. A notable change is that an attorney on administrative suspension is permitted to assume retired status. The new language further provides that if the administratively suspended attorney assumes retired status and then attempts to assume active status within three years, that attorney must pay all outstanding arrears and satisfy all deficiencies in connection with the transfer to administrative suspension.
• Subdivision (j) addresses judge status and provides that judges serving on certain courts are assigned judge status by the ARO (which exempts them from annual registration under subdivision (a)(2)). The language in this subdivision is substantially based on current Pa.R.D.E. 219(n), with a few additions to conform to office procedures and help ARO track individuals on this status.
◦ Paragraph (j)(2) directs that at the conclusion of judicial service, an attorney on judge status must within 20 days, notify ARO in writing of the conclusion of judicial service and within 60 days, elect either active status or retired status.
◦ Paragraph (j)(3) sets forth the procedure to assume active status. The former judge must provide a notice in writing of any discipline imposed within six years by the Court of Judicial Discipline and any proceeding before either the Court of Judicial Discipline or Judicial Conduct Board that settled within six years on the condition that the judge resign from judicial office or enter into a rehabilitation program. In addition to this notice, the former judge must provide a signed waiver of confidentiality of the record described in the notice for the limited purpose of making the record available to the Board in any subsequent proceeding. The requirement to provide the notice and waiver is in the current rule.
◦ Paragraph (j)(4) sets forth the procedure to assume retired status.
◦ Paragraph (j)(6) provides that an individual 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 ARO.
Conforming Amendments
The Board proposes amending the following rules to conform to changes to Pa.R.D.E. 219 and to address certain inconsistencies and gaps in the current rules.
Pa.R.D.E. 102. Definitions.
• The proposed amendments define the following terms: active status, disability inactive status, disbarment, emeritus status, inactive status, judge status, permanent resignation, retired status, and suspension. Many of these terms are used frequently throughout the rules and defining them will enhance the reader's understanding. The proposal makes minor edits to existing terms.
Pa.R.D.E. 201. Jurisdiction.
• Minor edits to paragraph (a)(3) add ''temporary suspension'' and ''disability inactive status'' to the disciplinary jurisdiction provisions regarding acts prior to that status or subsequent thereto. In the current rule, there may be confusion as to whether the term ''suspension'' includes ''temporary suspension'' and whether the phrase ''transfer to inactive status'' means disability inactive status by Court order. Throughout this proposal, changes are made to add ''temporary suspension'' and ''disability inactive status'' where necessary and appropriate.
• Minor edits to paragraphs (a)(4) and (5) to change ''district justice'' to ''magisterial district judge,'' which is the correct terminology.
Pa.R.D.E. 204. Types of discipline.
• Minor edits to subdivision (c) to clarify ''disability inactive status'' and to conform to the new titles of Pa.R.D.E. 218 and 219.
Pa.R.D.E. 205. The Disciplinary Board of the Supreme Court of Pennsylvania.
• Subdivision (c) of this rule sets forth the Board's powers and duties. The proposed amendments to paragraphs (c)(17), (18), and (19) give the Board the power and duty to establish, assess and collect expenses, late payment penalties, and administrative fees; to assess and collect reinstatement filing fees, administrative fees based on the imposition of discipline or transfer to disability inactive status, and penalties on unpaid taxed expenses and administrative fees; and to establish, charge and collect a collection fee for payment returned to the Board unpaid. While these powers currently exist and are set forth in various Enforcement Rules, it is appropriate to consolidate them within subdivision (c).
• Minor edit to paragraph (c)(7)(iii) to conform to the new title of Pa.R.D.E. 218.
Pa.R.D.E. 208. Procedure.
• Minor edit to paragraph (f)(1) to conform to proposed Pa.R.D.E. 219.
• The proposed amendments to subdivision (g) change the title to ''Costs and fees'' and rearrange the order of information in the current rule to set forth the administrative fee schedule in paragraph (g)(3), followed by the notification in paragraph (g)(4) that failure to pay taxed expenses and administrative fees within 30 days after the date of the entry of the order taxing such expenses under certain circumstances will be deemed a request to be administratively suspended.
• The proposal adds a Note to inform that the Board charges a collection fee for any payment that has been returned to the Board unpaid. As described above, the Board has the power to charge the collection fee. The Note serves as a reminder.
Pa.R.D.E. 212. Substituted service.
• Minor edit to conform to proposed Pa.R.D.E. 219.
Pa.R.D.E. 216. Reciprocal discipline and disability.
• Minor edit to subdivision (a) to conform to proposed Pa.R.D.E. 219.
Pa.R.D.E. 217. Formerly admitted attorneys.
• Minor edits to add ''temporary suspension'' and ''disability inactive status'' where necessary throughout the rule, in order to clarify that the rule provisions govern attorneys on these statuses.
Pa.R.D.E. 218. Reinstatement proceeding.
• The proposal changes the title of the current rule to ''Reinstatement proceedings.''
• Subdivision (a) lists those attorneys who must petition and be reinstated by Court order. The proposal clarifies language pertaining to sale of a law practice, adds transfer to disability inactive status except as pursuant to Pa.R.D.E. 301(c), and adds a Note that an attorney who has been on retired status, inactive status, or administrative suspension for three years or less may be eligible for reinstatement to active status under proposed Pa.R.D.E. 219(h), which governs administrative changes in status.
• A revision to subdivision (c) adds ''disability inactive status'' to those attorneys required to petition for reinstatement under the subdivision. This added language is appropriate and consistent with Pa.R.D.E. 301(h), which provides that a disabled attorney may not resume active status until reinstated by the Court upon petition for reinstatement. A minor edit to paragraph (c)(2) clarifies existing language.
• Minor edit to subdivision (d) to clarify language.
• Revisions to subdivision (f) include an edit to the filing fee schedule in paragraph (f)(1) to clarify ''disability inactive status'' under Pa.R.D.E. 301; an edit to paragraph (f)(2) to clarify that the petitioner-attorney shall pay the necessary expenses incurred in the investigation and processing of the petition and in any proceeding that results in the grant, denial or withdrawal of the petition; and a Note that the Board charges a collection fee for any payment that has been returned to the Board unpaid.
• Minor edit to paragraphs (g)(1) and (2)(iii) to add ''temporary suspension.''
• Current subdivision (h) is deleted and subsumed into proposed Pa.R.D.E. 219(h).
• Paragraph (i)(1) provides that the Board may transmit to president judges a notice of any action by the ARO administratively reinstating an attorney to active status. This changes the current rule language related to a ''certification filed with the Court Prothonotary,'' which is not the current process.
Pa.R.D.E. 221. Funds of clients and third persons. Mandatory overdraft notification.
• Minor edit to paragraph (g)(1) to conform to proposed Pa.R.D.E. 219.
• The proposal adds new subdivision (q) related to the financial accounts and information required to be listed on the annual registration form filed by attorneys. This information is required under current Pa.R.D.E. 219(d)(1)(iii)—(v); however, the inclusion of the detailed financial information in the annual registration section of the rules makes the rule very lengthy. Placing the language in Pa.R.D.E. 221 is logical as it concerns financial information. Proposed Pa.R.D.E. 219(c)(1)(iii) sets forth that financial accounts and information must be provided on the registration form and directs the reader to new Pa.R.D.E. 221(q) to obtain the specifics of the required financial information.
• The proposal adds new subdivision (r) to define ''funds subject to RPC 1.15'' and ''funds of a third person.''
Pa.R.D.E. 301. Proceedings where an attorney is declared to be incapacitated or severely mentally disabled.
• Minor edits to add ''disability '' to the phrase ''inactive status'' in order to clarify that an attorney transferred to inactive status by Court order under this rule is transferred to disability inactive status.
Pa.R.D.E. 321. Appointment of conservator to protect interests of clients of absent attorney.
• Minor edit to add ''disability'' to ''inactive status.''
Pa.R.D.E. 401. Expenses.
• Minor edits to conform to new titles of Rules 208 and 219.
Pa.R.D.E. 402. Access to Disciplinary Information and Confidentiality.
• Minor edits to add ''disability'' to ''inactive status.''
Pa.R.D.E. 403. Emeritus Status.
• Minor edits to conform to proposed Pa.R.D.E. 219.
Pa.R.D.E. 502, 521, and 531. Pennsylvania Lawyers Fund for Client Security rules.
• Minor edits to conform to proposed Pa.R.D.E. 219.
RPC 1.17. Sale of Law Practice.
• Minor edit to conform to proposed Pa.R.D.E. 219.
Interested persons are invited to submit written comments, suggestions or objections by mail, email or facsimile to the Executive Office, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, facsimile number (717-231-3381), email address Dboard.comments@pacourts.us on or before March 18, 2022.
By The Disciplinary Board of the
Supreme Court of PennsylvaniaJESSE G. HEREDA,
Executive Director
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
Subpart A. PROFESSIONAL RESPONSIBILITY
CHAPTER 81. RULES OF PROFESSIONAL CONDUCT
Subchapter A. RULES OF PROFESSIONAL CONDUCT § 81.4. Rules of Professional Conduct.
The following are the Rules of Professional Conduct:
CLIENT-LAWYER RELATIONSHIP Rule 1.17. Sale of Law Practice.
* * * * * (f) In the case of a sale by reason of disability, if a proceeding under Rule 301 of the Pennsylvania Rules of Disciplinary Enforcement has not been commenced against the seller, the seller shall file the notice and request for transfer to voluntary inactive status, as of the date of the sale, pursuant to Enforcement Rule [219(j) thereof] 219(i)(1).
* * * * *
Subpart B. DISCIPLINARY ENFORCEMENT
CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT
Subchapter A. PRELIMINARY PROVISIONS Rule 102. Definitions.
(a) General Rule.—Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:
* * * * * ''Active status.'' The license status of an attorney who is admitted in Pennsylvania and is registered as active under Enforcement Rule 219 (relating to annual registration and assessment). An attorney on active status is eligible to practice law in Pennsylvania.
* * * * * ''Administrative suspension.'' The license [Status] status of an attorney, after Court order under Enforcement Rule 219(g), who: failed to pay the annual [fee and/or file the form] assessment and file the form required by subdivisions [(a)] (b) and [(d)] (c) of Enforcement Rule 219; failed to satisfy the requirements of the Pennsylvania Rules for Continuing Legal Education and was reported to the Court by the Pennsylvania Continuing Legal Education Board under Rule 111(b), Pa.R.C.L.E.[, for having failed to satisfy the requirements of the Pennsylvania Rules for Continuing Legal Education]; failed to pay any [expenses taxed] costs and fees pursuant to Enforcement Rule 208(g); or failed to meet the requirements for maintaining a limited law license as a Limited In-House Corporate Counsel, a foreign legal consultant, an attorney participant in defender or legal services programs, a military attorney, or attorney spouse of an active-duty service member. An attorney on administrative suspension status is ineligible to practice law in Pennsylvania.
* * * * * ''Attorney participant in defender or legal services programs.'' An attorney or the license status of an attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 311 (relating to limited admission of participants in defender or legal services programs).
''Attorney Registration Office.'' The administrative division of the Disciplinary Board which governs the annual registration of every attorney admitted to, or engaging in, the practice of law in this Commonwealth, with the exception of attorneys admitted to practice pro hac vice under [Pa.B.A.R.] Pennsylvania Bar Admission Rule 301.
''Attorney spouse of an active-duty service member.'' An attorney or the license status of an attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 304 (relating to limited admission of spouses of active-duty members of the United States Uniformed Services).
* * * * * ''Censure.'' Public censure by the Supreme Court under Enforcement Rule 204(a)(3) (relating to types of discipline).
* * * * * ''Disability inactive status.'' The license status of an attorney who: has been transferred to this status by order of the Court under Enforcement Rule 301(c) after having been judicially declared incapacitated by another court; has been declared incapacitated by order of the Court under Enforcement Rule 301(d) from continuing the practice of law; is transferred to disability inactive status by order of the Court under Enforcement Rule 301(e) after contending during a pending disciplinary proceeding that he or she is suffering from a disability by reason of physical or mental infirmity or illness that makes it impossible for the attorney to prepare an adequate defense; or has been placed on disability inactive status in another jurisdiction and is transferred to disability inactive status by reciprocal order of the Court under Enforcement Rule 216. The term ''disability inactive status'' includes any transfer to inactive status based on disability under Rule 216 or 301. An attorney on disability inactive status is ineligible to practice law in Pennsylvania.
''Disbarment.'' A type of discipline in which the Court withdraws the offending attorney's privilege to practice law for an unspecified period of at least five years with no basis for an expectation to resume the practice of law.
* * * * * ''Disciplinary Rules.'' The provisions of the Code of Professional Responsibility as adopted by the Supreme Court of Pennsylvania May 20, 1970, 438 Pa. XXV, as amended from time to time by special order of the Court and governing lawyer conduct occurring or beginning on or before March 31, 1988 as well as the provisions of the Rules of Professional Conduct as adopted by the Supreme Court of Pennsylvania on October 16, 1987, 515 Pa. LXIX, and effective on April 1, 1988, as amended from time to time by special order of the Court.
''Emeritus status.'' The license status of an attorney admitted in Pennsylvania who has elected emeritus status, pursuant to Enforcement Rule 403, in order to provide the type of pro bono services authorized by Rule 403 and is current on all registration requirements under that rule.
* * * * * ''Foreign legal consultant.'' A person or the license status of a person who holds a current license as a foreign legal consultant issued under [Rule 341 of the] Pennsylvania Bar Admission [Rules] Rule 341 (relating to the licensing of foreign legal consultants).
''Formerly admitted attorney.'' A disbarred, suspended, temporarily suspended, administratively suspended, permanently resigned, retired, [or] inactive, or disability inactive attorney.
* * * * * ''Inactive status.'' The license status of an attorney who is admitted in Pennsylvania and has either elected inactive status under Enforcement Rule 219 (relating to annual registration and assessment) or has sold his or her practice by reason of disability pursuant to Rule 1.17(f) of the Pennsylvania Rules of Professional Conduct. An attorney on inactive status is ineligible to practice law in Pennsylvania.
''Informal admonition.'' [Private informal admonition] A type of private discipline administered by Disciplinary Counsel.
''Judge status.'' The license status of a justice or judge serving on the following Pennsylvania courts of record: Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and a justice or judge serving an appointment for life on any federal court.
* * * * * ''Limited In-House Corporate Counsel.'' An attorney or the license status of an attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 302 (relating to limited admission of in-house corporate counsel).
''Military attorney.'' An attorney or the license status of an attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 303 (relating to limited admission of military attorneys).
''Permanent resignation.'' The license status of an attorney who has elected to permanently resign from the Pennsylvania bar under Enforcement Rule 404. An attorney on permanent resignation status is ineligible to practice law in Pennsylvania.
* * * * * ''Private reprimand.'' [Private reprimand] A type of private discipline imposed by the Board.
* * * * * ''Public [Reprimand] reprimand.'' [Public reprimand] A type of discipline imposed by the Board.
* * * * * ''Retired status.'' The license status of an attorney admitted in Pennsylvania who elects this status after having ceased the practice of law in Pennsylvania. An attorney on retired status is ineligible to practice law in Pennsylvania.
* * * * * ''Suspension.'' A type of discipline in which the Court withdraws the offending attorney's privilege to practice law for a period not exceeding five years. A suspended attorney may resume the practice of law only upon the entry of an order of the Court reinstating the attorney to active status.
* * * * *
Subchapter B. MISCONDUCT Rule 201. Jurisdiction.
(a) The exclusive disciplinary jurisdiction of the Supreme Court under these rules extends to:
* * * * * (3) Any formerly admitted attorney, with respect to acts prior to suspension, disbarment, temporary suspension, administrative suspension, permanent resignation, or transfer to or assumption of retired, [or] inactive or disability inactive status, or with respect to acts subsequent thereto which amount to the practice of law or constitute the violation of the Disciplinary Rules, these rules or rules of the Board adopted pursuant hereto.
(4) Any attorney who is a justice, judge or magisterial district [justice] judge, with respect to acts prior to taking office as a justice, judge or magisterial district [justice] judge, if the Judicial Conduct Board declines jurisdiction with respect to such acts.
(5) Any attorney who resumes the practice of law, with respect to nonjudicial acts while in office as a justice, judge or magisterial district [justice] judge.
* * * * * Rule 204. Types of discipline.
* * * * * (c) A reference in these rules to disbarment, suspension, temporary suspension, administrative suspension, permanent resignation, or transfer to or assumption of retired, [or] inactive or disability inactive status, shall be deemed to mean, in the case of a respondent-attorney who holds a Limited In-House Corporate Counsel License, expiration of that license. A respondent-attorney whose Limited In-House Corporate Counsel License expires for any reason:
(1) shall be deemed to be a formerly admitted attorney for purposes of Rule 217 (relating to formerly admitted attorneys); and
(2) shall not be entitled to seek reinstatement under Rule 218 (relating to reinstatement proceedings) or Rule 219 (relating to [annual registration of attorneys] administrative changes in status) and instead must reapply for a Limited In-House Corporate Counsel License under Pennsylvania Bar Admission Rule 302.
Rule 205. The Disciplinary Board of the Supreme Court of Pennsylvania.
* * * * * (c) The Board shall have the power and duty:
* * * * * (7) To assign:
* * * * * (iii) senior or experienced hearing committee members to consider a petition for reinstatement to active status from retired or inactive status, or administrative suspension, under Enforcement Rule 218 (relating to reinstatement proceedings) of a formerly admitted attorney who has not been suspended or disbarred.
* * * * * (17) To establish, assess and collect;
(i) the necessary expenses incurred in the investigation and prosecution of a proceeding that results in the imposition of discipline, or the investigation and processing of a petition for reinstatement and in any proceeding resulting therefrom;
(ii) late payment penalties under Enforcement Rule 219(f)(1) for failure to timely complete annual registration; and
(iii) administrative fees for status changes where a petition for reinstatement is not required.
(18) To assess and collect reinstatement filing fees, administrative fees based on the imposition of a type of discipline or transfer to disability inactive status under Enforcement Rule 301(e), and penalties on unpaid taxed expenses and administrative fees.
(19) To establish, charge and collect a collection fee for any payment under paragraphs (17) and (18) that has been returned to the Board unpaid.
(20) To exercise the powers and perform the duties vested in and imposed upon the Board by law.
* * * * * Rule 208. Procedure.
* * * * * (f) Emergency temporary suspension orders and related relief.
(1) Disciplinary Counsel, with the concurrence of a reviewing member of the Board, whenever it appears by an affidavit demonstrating facts that the continued practice of law by a person subject to these rules is causing immediate and substantial public or private harm because of the misappropriation of funds by such person to his or her own use, or because of other egregious conduct, in manifest violation of the Disciplinary Rules or the Enforcement Rules, may petition the Supreme Court for injunctive or other appropriate relief. A copy of the petition shall be personally served upon the respondent-attorney by Disciplinary Counsel. If Disciplinary Counsel cannot make personal service after reasonable efforts to locate and serve the respondent-attorney, Disciplinary Counsel may serve the petition by delivering a copy to an employee, agent or other responsible person at the office of the respondent-attorney, and if that method of service is unavailable, then by mailing a copy of the petition by regular and certified mail addressed to the addresses furnished by the respondent-attorney in the last registration [statement] form filed by the respondent-attorney pursuant to Enforcement Rule [219(d)] 219(c). Service is complete upon delivery or mailing, as the case may be. The Court, or any justice thereof, may enter a rule directing the respondent-attorney to show cause why the respondent-attorney should not be placed on temporary suspension, which rule shall be returnable within ten days. The Court, or any justice thereof, may, before or after issuance of the rule, issue:
(i) such orders to the respondent-attorney, and to such financial institutions or other persons as may be necessary to preserve funds, securities or other valuable property of clients or others which appear to have been misappropriated or mishandled in manifest violation of the Disciplinary Rules;
(ii) an order directing the president judge of the court of common pleas in the judicial district where the respondent-attorney maintains his or her principal office for the practice of law or conducts his or her primary practice, to take such further action and to issue such further orders as may appear necessary to fully protect the rights and interests of the clients of the respondent-attorney when:
(A) the respondent-attorney does not respond to a rule to show cause issued after service of the petition pursuant to subdivision (f)(1); or
(B) Disciplinary Counsel's petition demonstrates cause to believe that the respondent-attorney is unavailable to protect the interests of his or her clients for any reason, including the respondent-attorney's disappearance, abandonment of practice, incarceration, or incapacitation from continuing the practice of law by reason of mental infirmity or illness or because of addiction to drugs or intoxicants.
Where the Court enters an order under (f)(1)(ii), the Board shall promptly transmit a certified copy of the order to the president judge, whose jurisdiction and authority under this rule shall extend to all client matters of the respondent-attorney.
Where the Court enters an order under (f)(1)(i) or (ii) before the issuance of a rule or before the entry of an order of temporary suspension under paragraph (f)(2), the Court Prothonotary shall serve a certified copy of the Court's order on the respondent-attorney by regular mail addressed to the address furnished by the respondent-attorney in the last registration [statement] form filed by the respondent-attorney and to an address where the respondent-attorney is located if that address is known.
* * * * * (g) Costs and fees.—
(1) [The] Unless otherwise directed by the Supreme Court, [in its discretion may direct that] the respondent-attorney shall pay the necessary expenses incurred in the investigation and prosecution of a proceeding which results in the imposition of discipline or transfer to disability inactive status [shall be paid by the respondent-attorney]. All expenses taxed under this paragraph pursuant to orders of suspension that are not stayed in their entirety or disbarment shall be paid by the respondent-attorney within 30 days after notice transmitted to the respondent-attorney of taxed expenses. In all other cases, expenses taxed under this paragraph shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney.
(2) In the event a proceeding is concluded by informal admonition, private reprimand or public reprimand, the Board in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of the proceeding shall be paid by the respondent-attorney. All expenses taxed by the Board under this paragraph shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney. The expenses which shall be taxable under this paragraph shall be prescribed by Board rules.
[(3) Failure to pay taxed expenses within 30 days after the date of the entry of the order taxing such expenses in cases other than a suspension that is not stayed in its entirety or disbarment will be deemed a request to be administratively suspended pursuant to Rule 219(l).
(4) In addition to the payment of any expenses under paragraph (1) or (2), the respondent-attorney shall pay upon final order of discipline an administrative fee pursuant to the following schedule:
Informal Admonition: $250 Private Reprimand: $400 Public Reprimand: $500 Public Censure: $750 Suspension (1 year or less): $1,000 Suspension (more than 1 year): $1,500 Disbarment: $2,000 Disbarment on Consent: $1,000 Transfer to Inactive Status following discipline $1,000 (i) Where a disciplinary proceeding concludes by Joint Petition for Discipline on Consent other than disbarment prior to the commencement of the hearing, the fee imposed shall be reduced by 50%.
(ii) Where a disciplinary proceeding concludes by Joint Petition for Discipline on Consent other than disbarment subsequent to the commencement of the hearing, the Board in its discretion may reduce the fee by no more than 50%.]
(3) In addition to the payment of any expenses under paragraph (1) or (2), the respondent-attorney shall pay upon assessment an administrative fee pursuant to the following schedule:
Informal Admonition: $250 Private Reprimand: $400 Public Reprimand: $500 Public Censure: $750 Suspension (1 year or less): $1,000 Suspension (more than 1 year): $1,500 Disbarment: $2,000 Disbarment on Consent: $1,000 Disability Inactive under Rule 301(e): $500 (i) Where a disciplinary proceeding concludes by Joint Petition for Discipline on Consent other than disbarment prior to the commencement of the hearing, the fee imposed shall be reduced by 50%.
(ii) Where a disciplinary proceeding concludes by Joint Petition for Discipline on Consent other than disbarment subsequent to the commencement of the hearing, the Board in its discretion may reduce the fee by no more than 50%.
(4) Failure to pay taxed expenses and administrative fees within 30 days after the date of the entry of the order taxing such expenses in cases other than a suspension that is not stayed in its entirety or disbarment will be deemed a request to be administratively suspended pursuant to Enforcement Rule 219(g)(3).
(5) Assessed Penalties on Unpaid Taxed Expenses and Administrative Fees.
(i) Failure to pay taxed expenses within thirty days of the assessment becoming final in accordance with subdivisions (g)(1) [and] or (g)(2), [and/or] or failure to pay administrative fees assessed in accordance with subdivision [(g)(4)] (g)(3) within thirty days of notice transmitted to the respondent-attorney, shall result in the assessment of a penalty, levied monthly at the rate of 0.8% of the unpaid principal balance, or such other rate as established by the Supreme Court of Pennsylvania, from time to time.
(ii) Monthly penalties shall not be retroactively assessed against unpaid balances existing prior to the enactment of the rule; monthly penalties shall be assessed against these unpaid balances prospectively, starting 30 days after the effective date of the rule.
(iii) The Disciplinary Board for good cause shown, may reduce the penalty or waive it in its entirety.
Note: The Board shall charge a collection fee for any payment that has been returned to the Board unpaid.
* * * * * Rule 212. Substituted service.
In the event a respondent-attorney cannot be located and personally served with notices required under these rules, such notices may be served upon the respondent- attorney by addressing them to the address furnished by the respondent-attorney in the last registration [statement] form filed by such person in accordance with Enforcement Rule [219(d)] 219(c) (relating to annual registration [of attorneys] and assessment) or, in the case of a foreign legal consultant, by serving them pursuant to the designation filed by the foreign legal consultant under Pennsylvania Bar Admission Rule 341(b)(8).
Rule 216. Reciprocal discipline and disability.
(a) Upon receipt of a certified copy of a final adjudication of any court or any body authorized by law or by rule of court to conduct disciplinary proceedings against attorneys by any state or territory of the United States or of the District of Columbia, a United States court, or a federal administrative agency or a military tribunal demonstrating that an attorney admitted to practice in this Commonwealth has been disciplined by suspension, disbarment, or revocation of license or pro hac vice admission, or has resigned from the bar or otherwise relinquished his or her license to practice while under disciplinary investigation in another jurisdiction or has been transferred to disability inactive status, the Supreme Court shall forthwith issue a notice directed to the respondent-attorney containing:
(1) a copy of the final adjudication described in paragraph (a); and
(2) an order directing that the respondent-attorney inform the Court within 30 days from service of the notice, of any claim by the respondent-attorney that the imposition of the identical or comparable discipline or disability inactive status in this Commonwealth would be unwarranted, and the reasons therefor.
The Board shall cause this notice to be served upon the respondent-attorney by mailing it to the address furnished by the respondent-attorney in the last registration [statement] form filed by such person in accordance with Enforcement Rule [219(d)] 219(c) (relating to annual registration [of attorneys] and assessment) or, in the case of a foreign legal consultant, by serving it pursuant to the designation filed by the foreign legal consultant under Pennsylvania Bar Admission Rule 341(b)(8).
* * * * * Rule 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).
(Editor's Note: Pa.R.D.E. 217 as printed in 204 Pa. Code reads ''Official Note'' rather than ''Note.'')
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.
* * * * * (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.
(Editor's Note: Pa.R.D.E. 217 as printed in 204 Pa. Code reads ''Official Note'' rather than ''Note.'')
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.
* * * * * (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(e)] 219(d) (relating to annual registration [of attorneys] and assessment) for the current year, along with any certificate of good standing issued under Pennsylvania Bar Admission Rule [201(d)] 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 in-house 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(e)] 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:
* * * * * (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, [or] suspension or temporary suspension occurred, through and including the effective date of disbarment, [or] 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] 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.
* * * * * Rule 218. Reinstatement proceedings.
(a) An attorney may not resume practice until reinstated by order of the Supreme Court after petition pursuant to this rule if the attorney [was]:
[(1) suspended for a period exceeding one year;
(2)] (1) is on retired status, [on] inactive status or [on] administrative suspension [if the formerly admitted attorney] and has not been on active status at any time within the [past] preceding three years;
Note: An attorney who has been on retired status, inactive status, or administrative suspension for three years or less may be eligible for reinstatement to active status under Enforcement Rule 219(h).
[(3)] (2) [transferred to] assumed inactive status [as a result of the sale of] under Enforcement Rule 219(i)(1) in connection with the sale of his or her practice pursuant to Rule 1.17(f) of the Pennsylvania Rules of Professional Conduct (relating to the sale of a law practice by reason of disability); [or]
(3) was transferred to disability inactive status, except that an attorney who is on disability inactive status under Enforcement Rule 301(c) shall be subject to the provisions of this rule only if the Court so directs;
(4) was suspended for a period exceeding one year; or
[(4)] (5) was disbarred.
* * * * * (c) The procedure for petitioning for reinstatement from disability inactive status, suspension for a period exceeding one year or disbarment is as follows:
(1) Petitions for reinstatement shall be filed with the Board.
(2) Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall file a response thereto with the Board and serve a copy on the formerly admitted attorney. Upon receipt of the response, the Board shall refer the petition and response to a hearing committee in the disciplinary district in which the formerly admitted attorney maintained an office at the time of the disbarment or suspension. If any other formal disciplinary proceedings are then pending [or have been authorized] against the formerly admitted attorney at the time the Board refers the matter to a hearing committee or are authorized after the referral and at any time prior to the hearing, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.
(Editor's Note: Pa.R.D.E. 218 as printed in 204 Pa. Code reads ''Official Note'' rather than ''Note.'')
Note: If Disciplinary Counsel objects to reinstatement of the formerly admitted attorney, the response to the petition for reinstatement should explain in reasonable detail the reasons for the objection.
* * * * * (d) The procedure for petitioning for reinstatement from: retired status for more than three years; inactive status for more than three years; administrative suspension for more than three years; retired status, inactive status or administrative suspension if the formerly admitted attorney has not been on active status at any time within the past three years; or after transfer to inactive status as a result of the sale of a law practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct, is as follows:
(1) Petitions for reinstatement shall be filed with the Board.
(2) Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall either:
(i) file a response thereto with the Board and serve a copy on the formerly admitted attorney; or
(ii) file a certification with the Board stating that after a review of the petition for reinstatement and reasonably diligent inquiry, Disciplinary Counsel has determined that there is no impediment to reinstatement and that the petitioner-attorney will meet his or her burden of proof under paragraph (d)(3) if the petition were to proceed to hearing under (d)(4).
(Editor's Note: Pa.R.D.E. 218 as printed in 204 Pa. Code reads ''Official Note'' rather than ''Note.'')
Note: If Disciplinary Counsel objects to reinstatement of the formerly admitted attorney under (d)(2)(i), the response to the petition for reinstatement should explain in reasonable detail the reasons for the objection.
(3) A formerly admitted attorney [who has been on retired status, inactive status or administrative suspension] seeking reinstatement under this subdivision (d) shall have the burden of demonstrating that such person has the moral qualifications, competency and learning in the law required for admission to practice in the Commonwealth.
(4) Upon receipt of a response under (d)(2)(i), the Board shall refer the petition and response to a single senior or experienced hearing committee member in the disciplinary district in which the formerly admitted attorney maintained an office at the time of transfer to or assumption of retired or inactive status, or transfer to administrative suspension; the single senior or experienced hearing committee member shall promptly schedule a hearing during which the hearing committee member shall perform the functions of a hearing committee under this subdivision (d). The rules of the Board may provide for abbreviated procedures to be followed by the hearing committee member, except that the abbreviated procedure shall not be available at any hearing conducted after review by a designated Board Member pursuant to paragraph (d)(6) of this rule. If any other formal disciplinary proceedings are then pending [or have been authorized] against the formerly admitted attorney at the time the Board refers the matter to a hearing committee or are authorized after the referral and at any time prior to the hearing, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.
* * * * * (f)(1) At the time of the filing of a petition for reinstatement with the Board, a non-refundable reinstatement filing fee shall be assessed against a petitioner-attorney. The filing fee schedule is as follows:
Reinstatement from disbarment or suspension for more than one year: $1,000 Reinstatement from administrative suspension (more than three years): $500 Reinstatement from inactive/retired status (more than three years): $250 Reinstatement from disability inactive status [pursuant to] under Enforcement Rule 301: $250 (2) [The] Unless otherwise directed by the Supreme Court, [in its discretion may direct that] the petitioner-attorney shall pay the necessary expenses incurred in the investigation and processing of the petition for reinstatement [be paid by the petitioner-attorney] and in any proceeding that results in the grant, denial or withdrawal of the petition. After [the] a Supreme Court Order granting reinstatement is entered, the annual [fee] assessment required by Enforcement Rule [219(a)] 219(b) for the current year shall be paid to the Attorney Registration Office.
(3) Failure to pay expenses taxed under Enforcement Rule 218(f)(2) within thirty days of the entry of the Supreme Court Order shall result in the assessment of a penalty, levied monthly at the rate of 0.8% of the unpaid principal balance, or such other rate as established by the Supreme Court from time to time. The Board, for good cause shown, may reduce the penalty or waive it in its entirety.
Note: The Board shall charge a collection fee for any payment that has been returned to the Board unpaid.
* * * * * (g)(1) Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the formerly admitted attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Enforcement Rule 217 (relating to formerly admitted attorneys), along with the payment of a non-refundable filing fee of $250, the Board shall certify such fact to the Supreme Court, which shall immediately enter an order reinstating the formerly admitted attorney to active status, unless such person is subject to another outstanding order of temporary suspension, suspension or disbarment.
(2) Paragraph (1) of this subdivision shall not be applicable and a formerly admitted attorney shall be subject instead to the other provisions of this rule requiring the filing of a petition for reinstatement, if:
(i) other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney;
(ii) the formerly admitted attorney has been on retired status, inactive status or administrative suspension for more than three years;
(iii) the formerly admitted attorney has not been on active status for more than three years due to a combination of retired status, inactive status, administrative suspension, temporary suspension and/or a term of suspension not exceeding one year and had not been on active status at any time within the three-year period preceding the entry of the order; or
(iv) the order of suspension has been in effect for more than three years.
[(h) Attorneys who have been on inactive status, retired status or administrative suspension for three years or less may be reinstated to the roll of those classified as active pursuant to Enforcement Rule 219(h), (i), (j) or (m) (relating to annual registration of attorneys) as appropriate. This subdivision (h) does not apply to:
(1) a formerly admitted attorney who, on the date of the filing of the request for reinstatement, had not been on active status at any time within the preceding three years; or
(2) an attorney who has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct.
(i)] (h) The Board may cause a notice of the reinstatement to be published in one or more appropriate legal journals and newspapers of general circulation. The cost of publication shall be assessed against the petitioner-attorney.
[(j)] (i) The Board when appropriate shall promptly transmit to the president judge of the court of common pleas in the judicial district in which the formerly admitted attorney practiced a copy of:
(1) [the certification filed with the Court Prothonotary under Enforcement Rule 219(h) or (m)] a notice of any action by the Attorney Registration Office administratively reinstating an attorney to active status under Enforcement Rule 219(h); or
(2) any other order of reinstatement entered under these rules.
[(k)] (j) If Disciplinary Counsel shall have probable cause to believe that any formerly admitted attorney:
(1) has failed to comply with this rule or Enforcement Rule 217 (relating to formerly admitted attorneys), or
(2) is otherwise continuing to practice law, Disciplinary Counsel may bring an action in any court of competent jurisdiction for such injunctive and other relief as may be appropriate.
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