Subchapter B. ADMISSION TO THE BAR GENERALLY
IN GENERAL Rule
201. Bar of the Commonwealth of Pennsylvania.
202. Admission to the bar.
203. Admission by bar examination.
204. Admission by reciprocity.
205. Admission of Foreign Attorneys and Graduates of Foreign Institutions.
206. Admission by Bar Examination Score Transfer.
207. Disqualification of an applicant.
PROCEEDINGS BEFORE BOARD
211. Submission of application to the Board.
212. Consideration by the Board.
213. Hearings before the Board.
214. Action by the Board.
REVIEW BY SUPREME COURT
221. Marking of bar examination papers.
222. Review of other Board determinations.
ADMISSION TO PRACTICE
231. Motions for admission.
232. Effect of admission to practice.
IN GENERAL
Rule 201. Bar of the Commonwealth of Pennsylvania.
(a) General Rule. The following are members of the bar of the courts of this Commonwealth and may practice law generally within this Commonwealth:
(1) Persons admitted to the bar pursuant to these rules.
(2) Persons heretofore admitted to practice before any court of record of this Commonwealth pursuant to former Supreme Court Rules 8 or 9 or corresponding provisions of prior law and registered under Enforcement Rule 219 (relating to periodic assessment of attorneys).
(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:
(1) may be disbarred, suspended or transferred to inactive status and may be readmitted or otherwise reinstated pursuant to the Enforcement Rules;
(2) may have such admission to the bar or limited license to practice law revoked or another appropriate sanction imposed pursuant to the Enforcement Rules when the attorney made a material misrepresentation of fact or deliberately failed to disclose a material fact in connection with an application submitted under these rules that is not discovered prior to the attorney being admitted to the bar or issued a limited license to practice law.
(c) Certification of Good Standing. Upon written request and the payment of a fee of $25.00 the Prothonotary shall issue a certificate of good standing to any member of the bar of this Commonwealth or limited licensed attorney entitled thereto. The certificate shall be one appropriate for admission to the bar of the federal courts and other state courts. A certificate of good standing shall not be issued to a member of the bar of this Commonwealth or limited licensed attorney who currently is the subject of:
(1) a formal disciplinary proceeding pursuant to Enforcement Rule 208(b) (relating to formal hearing) that has resulted in a recommendation by a hearing committee or by the Disciplinary Board for public discipline,
(2) a petition for emergency interim suspension pursuant to Enforcement Rule 208(f) (relating to emergency interim suspension orders and related relief), or
(3) a petition for transfer to inactive status pursuant to Enforcement Rule 301 (relating to proceedings where an attorney is declared to be incompetent or is alleged to be incapacitated).
Official Note
42 Pa.C.S. § 2521 (relating to office of attorney at law) provides that persons admitted to the bar of the courts of this Commonwealth and to the practice of law pursuant to general rules shall thereby hold the office of attorney at law. Subdivision (d) is based on former Supreme Court Rule 16.
If a person’s admission to practice law or limited license to practice law as an in-house corporate counsel or foreign legal consultant is revoked for a material misrepresentation or omission, the person will be required to reapply de novo. Any such persons who are seeking admission to practice law must meet all of the requirements for admission to the bar, including the taking and passing of the current bar examination if more than three years have passed since the prior certificate recommending the person’s admission to the bar was issued by the Board. At the time of reapplication, the Board will make a determination as to the applicant’s character and fitness to practice law, taking into account all of the existing character issues, including the prior misrepresentation or omission.
Source The provisions of this Rule 201 amended April 1, 1983, effective April 2, 1983, 13 Pa.B. 1179; amended March 13, 1989, effective March 13, 1989, 19 Pa.B. 1400; amended April 29, 2005, effective immediately, 35 Pa.B. 2854; amended March 21, 2006, effective immediately, 36 Pa.B. 1642; amended October 29, 2020, effective in 30 days, 50 Pa.B. 6352; amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219. Immediately preceding text appears at serial pages (418232) and (408461).
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 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.
An applicant who is an undocumented immigrant who has current Deferred Action for Childhood Arrivals (DACA) status, or equivalent status under a successor program, and who has current and valid employment authorization to work in the United States shall be eligible for admission to the Pennsylvania Bar provided that all other requirements of these Rules are otherwise satisfied. This Rule satisfies the requirements of Section 1621(d) of Title 8 of the United States Code. This Rule shall apply to all applications pending at the time of its adoption and thereafter.
Source The provisions of this Rule 202 amended February 8, 2019, effective immediately, 49 Pa.B. 824; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341; amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219. Immediately preceding text appears at serial page (408462).
Rule 203. Admission by bar examination.
(a) Bar Examination. The general requirements for permission to sit for the bar examination are:
(1) Receipt of an undergraduate degree from an accredited college or university or the receipt of an education which, in the opinion of the Board, is the equivalent of an undergraduate college or university education.
(2)(i) Except as provided in subparagraph 2(ii) of this Rule, completion of the study of law at and receipt without exception of an earned Bachelor of Laws or Juris Doctor degree from a law school that was an accredited law school at the time the applicant matriculated or graduated. See Rule 205 (relating to admission by bar examination for graduates with foreign law degrees) for standards applicable to graduates of foreign law schools; or
(ii) completion of the study of law at and receipt without exception of an earned Bachelor of Laws or Juris Doctor degree from a law school located within the boundaries of the United States of America that was not an accredited law school either at the time the applicant matriculated or graduated, provided that the applicant is a member of the bar of a reciprocal state and meets the following qualifications:
(A) Presentation of a certificate from the highest court or agency of such state having jurisdiction over admission to the bar and the practice of law stating that the applicant is in good standing at the bar of such court or such state.
(B) Presentation of proof satisfactory to the Board that the applicant has for a period of five years of the last seven years immediately preceding the date of filing of the application for admission to the bar of this Commonwealth:
(i) engaged in the practice of law in a reciprocal state or states outside this Commonwealth. For purposes of this paragraph, the phrase ‘‘engaged in the practice of law’’ is defined as ‘‘devoting a major portion of one’s time and energy to the rendering of legal services’’; or
(ii) engaged full-time in the teaching of law at one or more accredited law schools in the United States; or
(iii) engaged primarily in the performance of legal functions while serving on active duty in the United States military service as a judge advocate as defined in the Uniform Code of Military Justice, 10 U.S.C. § 801, as amended, regardless of the location of the service.
Service under subparagraphs (i), (ii), and (iii) may be combined to satisfy the five year service requirement of this subparagraph.
(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:
(1) satisfactory completion of the bar examination administered by or under the authority of the Board;
(2) absence of prior conduct by the applicant which in the opinion of the Board indicates character and general qualifications (other than scholastic) incompatible with the standards expected to be observed by members of the bar of this Commonwealth; and
(3) satisfactory completion of the Multistate Professional Responsibility Examination at the score determined by the Court which score shall be publicly posted.
Source The provisions of this Rule 203 amended April 25, 1980, effective immediately; December 17, 1981, effective 30 days after January 9, 1982; June 20, 1983, effective immediately, amended August 22, 1986; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3282; amended June 16, 1993, effective immediately, 23 Pa.B. 3123; amended January 31, 1997, effective immediately, 27 Pa.B. 796; amended November 23, 1999, effective immediately, 29 Pa.B. 6236; amended October 14, 2011, effective in 30 days, 41 Pa.B. 5742; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341; amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219. Immediately preceding text appears at serial pages (408462) to (408463).
Rule 204. Admission by reciprocity.
As an alternative to satisfying the requirements of Rule 203, an attorney, licensed to practice law in another state, may be admitted to the bar of this Commonwealth if the applicant meets the following requirements:
(1) Has completed the study of law at and received without exception an earned Bachelor of Laws or Juris Doctor degree from a law school that was an accredited law school at the time the applicant matriculated or graduated.
(2) Is a member of the bar of a reciprocal state on active status at the time of filing of the application for admission to the bar of this Commonwealth.
(3) Presentation of a certificate of good standing from the highest court or 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 such 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 admission to the bar shall not be eligible for admission to the bar of this Commonwealth.
(4) Presentation of proof satisfactory to the Board that the applicant has for a period of five years of the last seven years immediately preceding the date of filing of the application for admission to the bar of this Commonwealth devoted a major portion of time and energy to the practice of law in one or more states.
(5) Presentation of proof satisfactory to the Board that the applicant has either taken and passed the bar examination in a reciprocal state or has devoted a major portion of time and energy to the practice of law in a reciprocal state for five years of the last seven years immediately preceding the date on which an application was filed under this Rule.
(6) Satisfaction of the requirements of Paragraphs (a)(1), (b)(2) and (b)(3) of Rule 203.
For purposes of this rule, the phrase ‘‘practice of law’’ is defined as engaging in any of the following legal activities, provided such activities were performed in a state in which the applicant was admitted to practice law or in a state that affirmatively permitted such activity by a lawyer not admitted to practice law in the jurisdiction:
(i) Representation of one or more clients in the private practice of law.
(ii) Providing legal services as an attorney with a local, state or federal agency.
(iii) Teaching law full time at an accredited law school, college or university in the United States, provided a substantial portion of such time was spent teaching at an accredited law school.
(iv) Service as a judge in a federal, state or local court of record.
(v) Service full time as a judicial law clerk to any judge of any court of the United States or of any state or territory of the United States.
(vi) Service as corporate counsel.
(vii) Performing legal functions while serving on active duty in the United States military service as a judge advocate as defined in the Uniform Code of Military Justice, 10 U.S.C. § 801, as amended.
The term ‘‘practice of law’’ shall not include providing legal services in any of the above referenced areas, when such services as undertaken constituted the unauthorized practice of law in the state in which the legal services were performed or in the state in which the clients receiving the unauthorized services were located.
Official Note
Amended and effective July 22, 1977; November 15, 1978, effective December 2, 1978; December 17, 1981, effective 30 days after January 9, 1982; amended and effective June 30, 1983.
Source The provisions of this Rule 204 amended July 22, 1977, effective immediately; amended November 15, 1978, effective December 2, 1978; amended December 17, 1981, effective 30 days after January 9, 1982; amended June 30, 1983, effective immediately; amended August 22, 1986, effective immediately; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3282; amended June 16, 1993, effective immediately, 23 Pa.B. 3123; amended January 31, 1997, effective immediately, 27 Pa.B. 796; amended April 6, 1999, effective immediately, 29 Pa.B. 2143; amended November 23, 1999, effective immediately, 29 Pa.B. 6236; amended May 25, 2000, effective immediately, 30 Pa.B. 2900; amended March 30, 2004, effective in 180 days, 34 Pa.B. 2063; amended April 28, 2009, effective immediately, 39 Pa.B. 2433; amended October 14, 2011, effective in 30 days, 41 Pa.B. 5742; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341. Immediately preceding text appears at serial pages (359369) to (359370) and (369489).
Rule 205. 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 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:
(1) who has been admitted to practice law in and is in good standing at the bar of a foreign country or another state, as evidenced by a certificate from the highest court or agency of such foreign country or state having jurisdiction over admission to the bar and the practice of law and
(2) who has for a period of five years of the last eight years immediately preceding the date of filing of the application for admission to the bar of this Commonwealth engaged in the practice of law in such foreign country or another state. For purposes of this paragraph, the phrase ‘‘engaged in the practice of law’’ is defined as ‘‘devoting a major portion of one’s time and energy to the rendering of legal services.’’ The practice of law must be performed in a foreign country or state in which the applicant was admitted to practice law or in a foreign country or state that affirmatively permitted such activity by a lawyer not admitted in that jurisdiction. The term ‘‘practice of law’’ shall not include providing legal services when such services as undertaken constituted the unauthorized practice of law in the foreign country or state in which the legal services were performed or in the foreign country or state in which the clients receiving the unauthorized services were located.
(b) Law study required. 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 credit 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 Discrimination. 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.
Source The provisions of this Rule 205 amended December 17, 1981, effective 30 days after January 9, 1982; amended August 2, 1986, effective immediately; amended September 5, 1986, effective September 6, 1986, 16 Pa.B. 3282; amended June 16, 1993, effective immediately, 23 Pa.B. 3123; amended January 31, 1997, effective immediately, 27 Pa.B. 795; amended November 20, 2013, effective December 20, 2013, 43 Pa.B. 7071; amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341; amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219. Immediately preceding text appears at serial pages (418233) to (418234).
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
2. No more than 30 months have passed from the first day of the UBE that resulted in the score the applicant seeks to transfer.
(b) Applicant requirements.
(1) Provide supplemental documentation as the Board directs in support of the application for admission by UBE transfer within six months from the date of filing the application; and
(2) Satisfy the requirements of Paragraphs (a), (b)(2) and (b)(3) of Rule 203.
(c) Administrative withdrawal. The Board will deem the application administratively withdrawn if the applicant fails to meet (b)(1) of this rule. In the event the Board deems an application administratively withdrawn, the applicant will be required to reapply and successfully meet all of the requirements for admission to the bar in order for the Board to issue a certificate recommending the applicant’s admission to the bar.
(d) Subsequent hearing after Board denial. If the executive director issues an initial denial per Pa.B.A.R. 213(a) and the Board, after a hearing pursuant to Pa.B.A.R. 213, also declines to issue a certificate recommending admission, the applicant may be permitted to submit a supplemental application to seek a subsequent hearing before the Board if 36 months have not passed from the first day of the examination from which the applicant is seeking to transfer the score.
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 of Foreign Attorneys and Graduates of Foreign Institutions—to transfer a score under this rule.
Source The provisions of this Rule 206 adopted April 24, 2013, effective in 30 days, 43 Pa.B. 2559; amended January 4, 2022, effective January 12, 2022, prior Rule 206 (Disqualification of an Applicant) has been renumbered as Rule 207, 52 Pa.B. 341; amended December 27, 2023, effective immediately, 54 Pa.B. 138; amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219. Immediately preceding text appears at serial pages (418234) to (418235).
Rule 207. Disqualification of an applicant.
(a) Automatic disqualification. An applicant who is found to have:
(1) obtained, used, or attempted to obtain or use answers or written or oral information or materials relating to the subjects tested on the bar examination from another applicant or any other person or source while taking the bar examination;
(2) brought in to the bar examination any personal notes relating to the subjects tested on the bar examination and used or attempted to use such notes while taking the bar examination;
(3) secreted any answers, information, materials, or personal notes relating to the subjects tested on the bar examination with the intent to review or use such information while taking the bar examination;
(4) received advance knowledge or information about the questions or the answers to the questions that are included on the bar examination being taken;
(5) written any notes or unauthorized information relating to the subjects tested on the bar examination on any examination materials prior to the beginning of the examination session; or
(6) given or attempted to give answers or information relating to the bar examination being taken to another applicant
shall be disqualified from the bar examination and will not receive a score for the bar examination, or if a score had already been determined such score will be invalidated. Such applicant shall not be eligible to file an application to sit for another bar examination for a period of three years from the date of the disqualification. If such applicant successfully completes a subsequent bar examination, the conduct underlying the disqualification will be considered by the Board in determining whether the applicant has the requisite character to be a member of the bar.
(b) Discretionary disqualification. An applicant who is found to have violated or attempted to violate any other rule or restriction established by the Board related to taking the bar examination, including but not limited to bringing any item or material prohibited by the Board into the examination room, failure to follow instructions concerning the beginning or end of the examination, communicating with another applicant or external source during the examination, violating any oral or written instructions given in connection with the administration of the bar examination, compromising or disrupting the process for administration of the bar examination, failure to cooperate in the investigation of any conduct in connection with the administration of the bar examination, or otherwise failing to make a good faith effort to take the bar examination may be disqualified from the examination. An applicant who is disqualified under this section will not receive a score for the bar examination, or if a score had already been determined such score will be invalidated. If an applicant is not disqualified under this section for a violation of any rule or restriction, or if such applicant is disqualified and successfully completes a subsequent bar examination, the conduct underlying the violation of the rules and restrictions will be considered by the Board in determining whether the applicant has the requisite character to be a member of the bar.
(c) The initial determination as to the disqualification of an applicant shall be made by the Executive Director. An applicant receiving notice of the disqualification shall have the right to request in writing, within 10 days of the disqualification, a hearing before the Board, which hearing shall be governed by the general procedures set forth in Rule 213.
Source The provisions of this Rule 207 adopted April 24, 2013 and effective May 24, 2013; renumbered from Rule 206 by order dated January 4, 2022, effective January 12, 2022, 52 Pa.B. 341.
PROCEEDINGS BEFORE BOARD
Rule 211. Submission of application to the Board.
An applicant for admission to the bar shall file with the Board a written application, in the form of a verified statement, in the form and at the time prescribed by the Board, setting forth those matters which the Board deems necessary, including information pertaining to character, education and prior employment, and shall pay any application fee fixed by the Board therefor.
Official Note
Based on former Supreme Court Rule 8C4 and eliminates the detailed listing of the contents of the application, which will be prescribed from time to time by the Board.
Rule 212. Consideration by the Board.
The Board shall review the application of the applicant and may use such other means of investigation as it deems best to determine the fitness and qualifications of the applicant.
Official Note
Based on former Supreme Court Rules 8D and 8E.
Rule 213. Hearings before the Board.
(a) General rule. If, upon an initial review of an application filed under these rules and of any other related information available to the Board, the Board, through the Executive Director, finds that the applicant does not appear to possess the fitness and general qualifications (other than scholastic) requisite for a member of the bar of the Commonwealth, the Executive Director shall forthwith give the applicant notice of such finding in the manner prescribed by Board rule, and of the right of the applicant to request in writing, within thirty (30) days of the denial, a hearing before the Board.
(b) Hearing. Within 30 days after receipt of the request of an applicant for a hearing under this Rule the Board shall hold a hearing at which the applicant shall be present. The applicant may be represented by counsel at the hearing. The Board shall not be bound by the formal rules of evidence and such relevant evidence may be introduced at the hearing as may be necessary for the Board to make a final determination upon the application. The burden of proof shall be on the applicant to establish that he or she possesses the character, fitness and general qualifications that are compatible with the standards expected to be observed by a member of the Bar of this Commonwealth. The applicant may call and examine witnesses, cross-examine adverse witnesses and present such evidence as is relevant to the issue before the Board. The Board may in its discretion limit the number of witnesses who may be heard upon any issue to eliminate repetitious or cumulative evidence. At any such hearing the applicant and his or her counsel shall be permitted to inspect such portion of the record of the applicant bearing upon the issues before the Board as does not constitute confidential information. A stenographic or other verbatim record shall be made of any such hearing, but hearings before the Board shall not be open to the public. The Board shall have the power to issue subpoenas for the attendance of witnesses and for the production of documentary evidence at the hearing.
(c) Remote Hearing; Remote Testimony. The Board may, at its own instance or upon request of an applicant, conduct a hearing under subsection (b) via telephone or other method of advanced communication technology (‘‘ACT’’). The Board likewise may, in its discretion, allow a witness to testify via ACT. Any witness testifying via ACT must provide valid, government-issued photo identification to the Board office in advance of the witness’s testimony. At least three business days in advance of a remote hearing, the applicant shall provide to the Board the names of all witnesses, and copies of any documents or exhibits that the applicant intends to present at the hearing and which are not already part of the Board’s record. Documents and exhibits shall be transmitted electronically via the Board’s secure website unless otherwise directed by the Board. If an applicant is unable to provide such documents or exhibits in advance of the hearing, the Board may, in its discretion, hold the record open and grant an applicant additional time to provide such documents or exhibits. Notice of the technology requirements for the remote hearing, along with instructions for counsel regarding use of the technology in the course of the hearing, shall be posted on the Board’s website and included when giving notice of a remote hearing. An applicant is responsible for complying with the technology requirements and for being familiar with their use.
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), (b)(1), or (b)(3) is not reviewable pursuant to Rule 213.
Source The provisions of this Rule 213 adopted July 1, 1972; amended June 6, 1977; amended April 21, 1992, effective immediately, 22 Pa.B. 2445 and 2821; amended September 9, 1996, effective immediately, 26 Pa.B. 4635; amended January 31, 1997, effective immediately, 27 Pa.B. 796; amended November 24, 2020, effective immediately, 50 Pa.B. 6993; Official Note amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219; amended August 21, 2024, effective immediately, 54 Pa.B. 5472. Immediately preceding text appears at serial pages (418939) to (418940).
Rule 214. Action by the Board.
The Board shall issue to an applicant its certificate recommending his or her admission to the bar of this Commonwealth if the applicant shall have complied with the requirements of these rules and of any applicable rules of the Board prescribed pursuant hereto.
Official Note
Based on former Supreme Court Rule 12A.
REVIEW BY SUPREME COURT
Rule 221. Marking of bar examination papers.
The marking of the bar examination paper of an applicant by the Board shall be final and shall not be subject to judicial review.
Official Note
Based on former Supreme Court Rule 14C and makes no change in substance.
Rule 222. Review of other Board determinations.
(a) General rule. Except as prescribed by Rule 221 (relating to marking of bar examination papers) any final determination of the Board may be reviewed by the Supreme Court.
(b) Preliminary procedures. Any person desiring to seek judicial review of a determination of the Board shall, within 30 days after service of notice of such determination, file with the Board a written notice of intention to seek judicial review thereof. Not later than 60 days after the filing of such notice the Board shall enter and serve:
(1) A formal adjudication complying with the provisions of Rule 1925 of the Pennsylvania Rules of Appellate Procedure (relating to opinion in support of order).
(2) A list of all documents, transcripts of testimony, if any, exhibits and other materials comprising the record before the Board in the matter.
(c) Filing petition for review. The entry of the formal adjudication as prescribed in Subdivision (b) of this rule shall be deemed the entry of a quasi-judicial order for the purposes of the Pennsylvania Rules of Appellate Procedure and a petition for review of such order may be filed with the Prothonotary within the time and in the manner prescribed by such rules. Upon service of the petition for review the Board shall forthwith file the record in the matter with the Prothonotary.
(d) Briefing. The petitioner shall serve and file his or her brief not later than 30 days after the petition for review is filed. No answer to the petition need be filed by the Board, but the Board shall within 30 days after service of the brief of the petitioner either file a brief or a letter stating that the Board relies upon the discussion set forth in its formal adjudication.
(e) In forma pauperis procedure applicable. Unless otherwise ordered by the Court, in forma pauperis procedures shall be applicable to all proceedings under this rule.
(f) Review and action by Supreme Court. The Supreme Court shall review the record and enter an appropriate order. Unless otherwise ordered, matters arising under these rules will be considered without oral argument.
Official Note
42 Pa.C.S. § 725(4) (relating to direct appeals from constitutional and judicial agencies) provides that the Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Pennsylvania Board of Law Examiners. The rule is based on former Supreme Court Rule 14B as modified by the Pennsylvania Rules of Appellate Procedure and makes no change in substance.
ADMISSION TO PRACTICE
Rule 231. Motions for admission.
(a) General rule. Motions for admission to the bar of this Commonwealth shall be made by filing one copy thereof with the Prothonotary. The motion shall be in writing on a form prescribed by the Board and shall include or be accompanied by:
(1) A certificate from the Board recommending such admission dated within six months of the filing of the motion. A certificate recommending an applicant’s admission to the bar expires and is no longer valid after six months from the date of issuance. Subject to the limitations set forth in subsections (i) and (ii) below, an applicant whose certificate has expired is required to file a Supplemental Application for Character and Fitness Determination in order to obtain a new certificate from the Board.
(i) An applicant seeking admission under Rule 203 who fails to file a motion for admission to the bar within three years of the date on which their bar examination results were released will be required to reapply and successfully meet all of the requirements for admission to the bar including the taking and passing of a future bar examination in order for the Board to issue a certificate recomending the applicant’s admission to the bar.
(ii) An applicant seeking admission to the bar under Rule 204 who fails to file a motion for admission within three years of the date of filing the initial application with the Board will be required to reapply and successfully meet all of the requirements for admission to the bar in order for the Board to issue a certificate recommending the applicant’s admission to the bar.
(2) The oath of office required by statute.
(3) A formal motion for admission to the bar of this Commonwealth.
(b) Subscription. The motion for admission shall be subscribed by a member of the bar of this Commonwealth in good standing.
(c) Admission to Practice—Fee. The applicant, upon filing a motion under this rule, shall pay a fee of $50.00 (plus the additional cost involved, if an engrossed certificate of admission to the bar is desired).
(d) Action by Prothonotary. If the motion and related documents are in proper order and the required fee is paid the Prothonotary shall:
(1) Enter the name of the applicant upon the docket of persons admitted to the bar of this Commonwealth and the practice of law.
(2) Notify the Administrative Office of the admission of the attorney.
(3) If the requisite fee has been paid therefor, issue an engrossed certificate of admission under seal.
Source The provisions of this Rule 231 adopted July 1, 1972; amended June 6, 1977; amended January 4, 1982, effective January 4, 1982, 12 Pa.B. 519; amended March 13, 1989, effective March 13, 1989, 19 Pa.B. 1400; amended November 13, 1991, effective November 13, 1991, 21 Pa.B. 5509; amended October 2, 1997, effective immediately, 27 Pa.B. 5401; amended August 5, 2005, effective immediately, 35 Pa.B. 4709; amended March 22, 2011, effective 30 days from the date of this order, 41 Pa.B. 1895. Immediately preceding text appears at serial pages (312745) to (312746).
Official Note
Based on former Supreme Court Rule 12B and C. The engrossed certificate of admission has been made optional at additional cost. The text of the oath of office is set forth in 42 Pa.C.S. § 2522 (relating to oath of office).
Rule 232. Effect of admission to practice.
(a) General rule. Members of the bar of this Commonwealth (see Rule 201 (relating to bar of the Commonwealth of Pennsylvania)) shall be entitled to practice law before every court and district justice of this Commonwealth upon presentation of a current certificate issued by the Court Administrator of Pennsylvania under Enforcement Rule 219 (relating to periodic assessment of attorneys). In connection with the filing of any legal paper, the notation on the paper of the attorney’s current identification number issued by the Court Administrator of Pennsylvania shall constitute proof of the right of the attorney to practice in the county in which the paper is filed.
(b) Abrogation of local requirements. All local rules and practices are hereby abrogated which:
(1) Govern the right to practice before any court or district justice of any county or judicial district of this Commonwealth.
(2) Require an office, partner, associate or assistant within any county or judicial district in connection with the practice of law.
(3) Prescribe any residence requirement in connection with the practice of law.
(4) Limit the number of practicing attorneys in any county or judicial district upon a quota basis.
(5) Require advertisement in a newspaper or legal periodical, or any approval, examination, ceremony, certification, or admission, or other similar requirements in connection with the practice of law in any county or judicial district.
(6) Require the presence in person of an attorney in connection with the filing of any legal paper.
Official Note
Based on former Supreme Court Rule 13 and Pa. R.Civ.P. 205.1.
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