THE COURTS
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
[204 PA. CODE CH. 71]
Order Amending Rules 105, 201, 202, 203, 205, 206, 213, 303, 304, and 341 of the Pennsylvania Bar Admission Rules; No. 983 Supreme Court Rules Docket
[54 Pa.B. 2219]
[Saturday, April 27, 2024]
Order Per Curiam
And Now, this 17th day of April, 2024, upon the recommendation of the Board of Law Examiners, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests justice and efficient administration:
It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 105, 201, 202, 203, 205, 206, 213, 303, 304, and 341 of the Pennsylvania Bar Admission Rules are amended in the attached form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective May 1, 2024.
Additions to the rule are shown in bold and are underlined.
Deletions from the rule are shown in bold and brackets.
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES
Subchapter A. PRELIMINARY PROVISIONS Rule 105. Civil Immunity of the Board of Law Examiners, Its Members, Employees and Agents and Entities Providing Information Regarding an Applicant to the Board.
([A] a) The Board of Law Examiners, and its members, employees, and agents are immune from all civil liability for conduct and communications occurring in the performance of their official duties relating to the examination, character and fitness qualification, and licensing of persons seeking to be admitted to the practice of law.
([B] b) Records, statements of opinion and other information regarding an applicant for admission to the bar communicated by any entity, including any person, firm, or institution, without malice, to the Board of Law Examiners, or to its members, employees or agents are privileged, and civil suits predicated thereon may not be instituted.
Subchapter B. ADMISSION TO THE BAR GENERALLY
IN GENERAL Rule 201. Bar of the Commonwealth of Pennsylvania.
* * * * * (b) Changes in Status Under Enforcement Rules. An attorney admitted to the bar or issued a limited license to practice law as an in-house corporate counsel, military attorney, spouse of an active-duty service member, attorney participant in defender or legal services programs, or foreign legal consultant:
* * * * * Rule 202. Admission to the bar.
An applicant who complies with the requirements of Rule 203 (relating to admission by bar examination), Rule 204 (relating to admission by reciprocity), Rule 205 (relating to [admission by bar examination for graduates of foreign law degrees] admission of foreign attorneys and graduates of foreign institutions) or Rule 206 (relating to admission by transfer of bar examination score) and the applicable rules of the Board shall be admitted to the bar of this Commonwealth in the manner prescribed by these rules.
* * * * * Rule 203. Admission by bar examination.
(a) Bar Examination. The general requirements for permission to sit for the bar examination are:
* * * * * (3) Presentation of a certificate of good standing from the highest court or the agency having jurisdiction over admission to the bar and the practice of law in every state or jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or state. An applicant who is disbarred or suspended for disciplinary reasons from the practice of law in another jurisdiction at the time of filing an application for permission to sit for the bar examination shall not be eligible to sit for the bar examination.
(b) Admission to the Bar. The general requirements for admission to the bar of this Commonwealth are:
* * * * * (3) satisfactory completion of the Multistate Professional Responsibility Examination at the score determined by the Court which score shall be publicly posted[;].
Rule 205. [Admission by bar examination for graduates with foreign law degrees] Admission of Foreign Attorneys and Graduates of Foreign Institutions.
(a) General Rule. The Board, under such standards, rules and procedures as it may prescribe, may extend the provisions of Rule 203 (relating to [the] admission by bar examination) or Rule 206 (relating to admission by bar examination score transfer) to any applicant who has completed the study of law in a law school which at the time of such completion was not located within the geographical area encompassed by the accreditation activities of the American Bar Association and:
* * * * * (b) Law study required. [Unless otherwise provided by the Board, a]Applicants who meet the provisions of subparagraph (a) of this rule may apply to sit for the Pennsylvania Bar Examination per Rule 203 or seek admission by transfer of a bar examination score per Rule 206 provided they have successfully completed 24 credits hours in an accredited American law school in the following subjects: Conflict of Laws; Constitutional Law; Contracts; Corporations; Criminal Law; Decedents' Estates; Evidence; Family Law; Federal and/or Pennsylvania Civil Procedure; Federal Income Taxes (personal only); Professional Responsibility; Real Property; Torts; Uniform Commercial Code, Art. II—Sales; Legal Research and Writing; and Employment Descrimination. No more than 4 credit hours in any one subject shall be counted toward this requirement. In fulfilling this requirement, applicants must successfully complete up to 4 credits in each of the following subjects: Constitutional Law; Federal and/or Pennsylvania Civil Procedure; Professional Responsibility; and Legal Research and Writing. All coursework for the required credit hours shall be completed at the campus of an accredited law school in the United States. No credit shall be allowed for correspondence courses, on-line courses, courses offered on any other media, or other distance learning courses.
Rule 206. Admission by Bar Examination Score Transfer.
Applicants may apply for admission to the bar of the courts of this Commonwealth using a Uniform Bar Examination (UBE) score earned in another jurisdiction provided that the applicant meets the requirements below.
(a) Score Requirements.
1. The UBE score must meet or exceed that established by the Court as the minimum passing score for applicants sitting for the bar examination at the time of the UBE that resulted in the score the applicant seeks to transfer; and
* * * * * Official Note: In accordance with the requirement in Pa.B.A.R. 203(a)(2)(i), graduates of foreign law schools must also meet the requirements of Pa.B.A.R. 205—[Admission by Bar Examination for Graduates of Foreign Law Schools] Admission of Foreign Attorneys and Graduates of Foreign Institutions—to transfer a score under this rule.
PROCEEDINGS BEFORE BOARD Rule 213. Hearings before the Board.
* * * * * Official Note: Based on former Supreme Court Rule 14A. ''Other than scholastic'' means that the failure to comply with Rule 203(a)(1), (a)(2), [or] (b)(1), or (b)(3) is not reviewable pursuant to Rule 213.
* * * * *
Subchapter C. RESTRICTED PRACTICE OF LAW
IN GENERAL Rule 303. Limited Admission of Military Attorneys.
[A.] (a) General Rule. Subject to the conditions and limitations set forth in this rule, a limited admission to practice law before the courts of this Commonwealth shall be granted to an attorney who is:
* * * * * [B.] (b) Application. An application for limited admission to practice under this rule shall be made on behalf of the applicant by the Staff Judge Advocate of the military installation to which the applicant is assigned by filing a motion with the Prothonotary on a form prescribed by the board and accompanied by:
* * * * * [C.] (c) Action. If the motion and required documents are in proper order, the Prothonotary shall enter the name of the applicant upon the docket of persons specially admitted to the bar of this Commonwealth subject to the restrictions of this rule and shall issue a limited certificate of admission in evidence thereof.
[D.] (d) Scope of Practice. Military lawyers granted limited admission to practice law pursuant to this rule may represent active duty military personnel in enlisted grades E-1 through E-4, their dependents, and such other active duty military personnel and their dependents, who are under substantial financial hardship, before the courts and district justices of this Commonwealth in civil matters and administrative proceedings to the extent such representation is permitted by the supervisory Staff Judge Advocate or Commanding Officer. Admission to practice under this rule shall be limited to the matters specified in the preceding sentence and military lawyers admitted to practice pursuant to this rule shall not represent themselves to be members of the bar of this Commonwealth. Attorneys who are practicing under this rule shall not demand or receive any compensation from clients in addition to usual military pay to which they are entitled.
[E.] (e) Expiration of Admission. The right to practice under this rule shall be limited to a period of four years unless extended by the Prothonotary for an additional four years upon written request of the Staff Judge Advocate of the military installation to which the applicant is assigned and shall cease when: (1) the applicant is admitted to the bar of this Commonwealth under any other rule; (2) the applicant fails to continue to meet the requirements of Sections B(1) and (2) above; (3) when a full-time active duty military officer licensed under this rule ceases to be stationed in Pennsylvania or (4) when a member of a reserve or national guard unit ceases to provide legal services under an established Expanded Legal Assistance Program located in Pennsylvania. When a military lawyer ends active duty military service in this state, or a member of a reserve or national guard unit ceases to provide legal services under an ELAP program, a written statement to that effect shall be filed with the Prothonotary by the Staff Judge Advocate of the military installation to which the applicant had been assigned.
[F.] (f) Status. An attorney admitted under this rule is subject to the Rules of Professional Conduct and the Rules of Disciplinary Enforcement but shall not be required to pay the annual fee that is required to be paid by active attorneys who are admitted to practice in this Commonwealth.
Rule 304. Limited Admission of Spouses of Active-Duty Service Members of the United States Uniformed Services.
* * * * * (c) Limitations
* * * * * (3) In the event Rule 304(c)(2)(A) [or (B)] applies as a result of the death of the spouse of the attorney admitted under this rule, the termination of the limited admission provided by this rule will be subject to a six-month grace period.
* * * * *
FOREIGN LEGAL CONSULTANTS Rule 341. Licensing of foreign legal consultants.
(a) Required qualifications. An applicant may be licensed to practice in this Commonwealth as a foreign legal consultant, without examination, if the applicant:
* * * * * (6) has passed the Multistate Professional Responsibility Examination as required for successful applicants under Rule 203.
* * * * *
[Pa.B. Doc. No. 24-579. Filed for public inspection April 26, 2024, 9:00 a.m.]
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