Rule 219. Annual registration and assessment. Administrative suspension. Administrative changes in status.
(a) Annual Registration Period. The annual registration period shall run from July 1 to June 30. On or before May 15 of each year, the Attorney Registration Office shall transmit an electronic notice to register and pay the annual assessment by July 1. Failure to receive notice shall not excuse the filing of the annual registration form and payment of the annual assessment.
(1) Attorneys required to register. Attorneys on the following license statuses are required to register annually:
(i) Active status.
(ii) Attorneys holding the following limited licenses:
(A) Foreign legal consultant;
(B) Limited In-House Corporate Counsel;
(C) Attorney participant in defender or legal services programs; and
(D) Attorney spouse of an active-duty service member.
(iii) Inactive status.
Note: Attorneys admitted to the bar less than one year prior to July 1 are required to register.
(2) Attorneys exempt from registration. Attorneys on the following license statuses shall be exempt from annual registration:
(i) Judge status.
(ii) Retired status.
(iii) Emeritus status, except that such attorneys shall be governed by the renewal provisions of Enforcement Rule 403(g).
(iv) Military attorney status.
(b) Annual Assessment. On or before July 1 of each year, all attorneys required by paragraph (a)(1) of this rule to register, and who elect one of those statuses, shall pay an annual assessment. Payment of the annual assessment shall be made by credit or debit card or by check or money order drawn on a U.S. financial institution in U.S. dollars. Payment shall not be made using an IOLTA, trust, escrow, or other fiduciary account.
(1) Active status. The total annual assessment for active status is $275.
(2) Limited licenses. The total annual assessment for attorneys holding limited licenses under paragraph (a)(1)(ii) is $275.
(3) Inactive status. The annual assessment for inactive status is $100.
An attorney may apply to the Board for a waiver of the annual assessment on the basis of financial hardship by submitting a waiver application and required documentation to the Attorney Registration Office by July 1. Financial hardship shall be determined by reference to the federal poverty guidelines.
Note: The total annual assessment required by paragraphs (b)(1) and (2) is apportioned as follows: $195 to the Disciplinary Board; $50 to the Pennsylvania Lawyers Fund for Client Security, see Enforcement Rule 502(b); and $30 to the Pennsylvania Interest on Lawyers Trust Accounts Board, see Pa.R.P.C. 1.15(u). The grant of a waiver under this subdivision (b) shall include waiver of the additional annual fees.
(c) Annual Registration Form. On or before July 1 of each year, all attorneys required by paragraph (a)(1) of this rule to register shall electronically file with the Attorney Registration Office a registration form. Upon an attorney’s written request and for good cause shown, the Attorney Registration Office shall grant an exemption from the electronic filing requirement and provide a paper registration form to the attorney for filing.
(1) The attorney shall provide the following information on the form:
(i) The attorney’s current license status in this Commonwealth and all other state, federal, and foreign courts and jurisdictions in which the attorney is or has ever been licensed to practice law.
(ii) The attorney’s contact information, which shall specify information accessible to the public. Upon an attorney’s written request and for good cause shown, the contact information will not be accessible to the public.
(iii) The financial accounts and information identified in Enforcement Rule 221(q).
(iv) A statement that:
(A) the attorney is familiar and in compliance with Rule 1.15 of the Pennsylvania Rules of Professional Conduct regarding the handling of funds and other property of clients and others and the maintenance of IOLTA accounts;
(B) the attorney’s Trust Accounts comply with Enforcement Rule 221(h) regarding the mandatory reporting of overdrafts on fiduciary accounts; and
(C) the attorney has reported all of the financial accounts and information identified in Enforcement Rule 221(q).
(v) A statement that any action brought against the attorney by the Pennsylvania Lawyers Fund for Client Security for the recovery of monies paid by the Fund as a result of claims against the attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or Philadelphia County.
(vi) Whether the attorney is covered by professional liability insurance on the date of registration in the minimum amounts set forth in Rule of Professional Conduct 1.4(c); a covered attorney shall identify the insurance carrier.
(vii) Such other information as the Board may from time to time direct.
(2) Submission of the annual registration form through electronic means signifies the attorney’s intent to sign the form. By submitting the form electronically, the attorney certifies that the electronic filing is true and correct.
(3) Every attorney who files the form shall notify the Attorney Registration Office in writing of any change in the information required under paragraphs (c)(1)(i), (ii), and (vi) (relating to license status in other jurisdictions, contact information, and professional liability insurance) within 30 days of such change.
(i) Changes to the information required by paragraph (c)(1)(iii) (relating to financial account information) that occurs after the filing of the registration form need only be reported on the next annual registration form.
(ii) Failure to timely register and file the next annual registration form shall not excuse this subdivision’s requirement of reporting changes in financial account information on an annual basis on or before July 1, and failure to make such a report shall constitute a violation of this rule.
(iii) Attorneys must promptly ensure that IOLTA accounts are properly enrolled with the Pennsylvania IOLTA Board pursuant to the applicable IOLTA regulations.
(d) Proof of Registration. The Attorney Registration Office shall issue a license card or certificate to attorneys on active status and to attorneys holding limited licenses under paragraph (a)(1)(ii) as acknowledgement of an attorney’s completion of registration and payment of the required annual assessment.
(e) Incomplete Registration. The annual registration requirement is not satisfied if the registration form is incomplete, if the payment is incomplete, or if payment of the annual assessment has been returned to the Board unpaid. Registration will be deemed complete upon receipt of the completed registration form, satisfactory payment of the annual assessment, and payment of any penalties or fees assessed under subdivision (f).
(f) Late Payment Penalties; Collection Fee.
(1) Late payment penalties.
(i) An attorney who fails to complete registration on or before July 16 shall be automatically assessed a late payment penalty that cannot be waived.
(ii) An attorney who fails to complete registration on or before August 1 shall be automatically assessed a second late payment penalty that cannot be waived.
(2) Collection fee. The Board shall charge a collection fee for any payment that has been returned to the Board unpaid.
(g) Administrative Suspension.
(1) Failure to comply with the annual registration requirements.
(i) After August 1, the Attorney Registration Office shall certify to the Supreme Court the name of every attorney who has failed to comply with the requirements of this rule.
(ii) The Supreme Court shall enter an order administratively suspending the named attorneys.
(2) Failure to comply with the Pennsylvania Rules for Continuing Legal Education requirements.
(i) As set forth in Pa.R.C.L.E. 111(b), the Pennsylvania Continuing Legal Education Board shall report to the Supreme Court the name of every attorney who has failed to comply with the Pennsylvania Rules for Continuing Legal Education.
(ii) The Supreme Court shall enter an order administratively suspending the named attorneys.
(3) Failure to comply with Enforcement Rule 208(g) (relating to costs and fees).
(i) As set forth in Enforcement Rule 208(g)(4), the Board shall certify to the Supreme Court the name of every attorney who has failed to pay taxed expenses and administrative fees in cases other than a suspension that is not stayed in its entirety or disbarment.
(ii) The Supreme Court shall enter an order administratively suspending the named attorneys.
(4) Notice. Upon entry of an order of administrative suspension, the Board shall send to the formerly admitted attorney by certified mail or by electronic means the order of administrative suspension and provide notice that the attorney shall comply with Enforcement Rule 217 (relating to formerly admitted attorneys).
(5) Immediate and subsequent restrictions. From the date of entry of the order of administrative suspension until the effective date of the order or such earlier date on which the attorney satisfies the deficiency that resulted in the order of administrative suspension, the attorney shall not accept any new cases or other client matters but may continue to represent existing clients on existing matters. On and after the effective date of the order, the formerly admitted attorney shall comply with all requirements of Enforcement Rule 217 pertaining to administratively suspended attorneys.
(h) Administrative Change to Active Status.
(1) Administrative suspension three years or less. The formerly admitted attorney shall submit to the Attorney Registration Office:
(i) a form available through the Attorney Registration Office;
(ii) a verified statement that complies with Enforcement Rule 217(e)(1) and also demonstrates compliance with Rule 217 during the term of administrative suspension; and
(iii) payment of any of the following as may be applicable:
(A) the active annual assessment for the year in which the request for active status is made;
(B) the assessment that was due for the year in which the attorney was administratively suspended;
(C) late payment penalties under subdivision (f);
(D) a collection fee under subdivision (f);
(E) payment of any outstanding costs and fees under Enforcement Rule 208(g); and
(F) an administrative fee.
If the order of administrative suspension was for the failure to comply under paragraph (g)(2) with the Pennsylvania Rules of Continuing Legal Education requirements, then administrative change to active status under this paragraph is contingent on the Attorney Registration Office confirming that the formerly admitted attorney has complied with the rules and regulations of the Continuing Legal Education Board and is eligible for reinstatement under these Enforcement Rules.
(2) Inactive status three years or less. The formerly admitted attorney shall submit to the Attorney Registration Office:
(i) a form available through the Attorney Registration Office;
(ii) payment of any of the following as may be applicable:
(A) the active annual assessment for the year in which the request for active status is made or the difference between the active annual assessment and the inactive annual assessment previously paid for that year;
(B) late payment penalties under subdivision (f); and
(C) a collection fee under subdivision (f).
(3) Retired status three years or less. The formerly admitted attorney shall submit to the Attorney Registration Office:
(i) a form available through the Attorney Registration Office; and
(ii) the active annual assessment for the year in which the request for active status is made.
(4) Upon determination by the Attorney Registration Office that the applicable requirements have been satisfied, the Attorney Registration Office shall process the requested status change.
(5) The procedures under paragraph (1), (2) and (3) do not apply to:
(i) a formerly admitted attorney who, on the date of the request for active status, has not been on active status at any time within the preceding three years;
(ii) a formerly admitted attorney who has sold his or her law practice by reason of disability and who has been transferred to inactive status pursuant to Enforcement Rule 301 or 219(i)(1), as required by Rule of Professional Conduct 1.17(f) (relating to the sale of a law practice by reason of disability);
(iii) a formerly admitted attorney who is subject to an outstanding order of disability inactive status, suspension, temporary suspension, or disbarment; or
(iv) a formerly admitted attorney who, on the date of the request for active status, has an outstanding obligation to the Lawyers Fund for Client Security.
(i) Administrative Change to Inactive or Retired Status.
(1) Active status to inactive status. An attorney on active status seeking to assume inactive status during a time outside the annual attorney registration period shall submit a request for inactive status form to the Attorney Registration Office.
Note: An attorney who is not: engaged in practice in Pennsylvania, handling Pennsylvania legal matters, or required by his or her practice elsewhere to maintain active licensure in the Commonwealth may request inactive status. An attorney who sells his or her practice by reason of disability must transfer to inactive status pursuant to this paragraph (i)(1) unless a transfer to disability inactive status pursuant to Enforcement Rule 301 occurs. See Pennsylvania Rule of Professional Conduct 1.17(f).
(2) Active or inactive status to retired status. An attorney on active or inactive status seeking to assume retired status during a time outside the annual attorney registration period shall submit a request for retired status form to the Attorney Registration Office.
(3) Administrative suspension to inactive status. A formerly admitted attorney seeking to resume inactive status after transfer to administrative suspension from inactive status shall submit to the Attorney Registration Office:
(i) a form available through the Attorney Registration Office;
(ii) a verified statement that complies with Enforcement Rule 217(e)(1) and also demonstrates continued compliance with Rule 217 during the term of administrative suspension; and
(iii) payment of any of the following as may be applicable:
(A) the inactive annual assessment for the year in which the request for inactive status is made;
(B) the inactive annual assessment that was due in the year in which the attorney was administratively suspended;
(C) late payment penalties under subdivision (f);
(D) a collection fee under subdivision (f);
(E) payment of any outstanding costs and fees under Enforcement Rule 208(g); and
(F) an administrative fee.
(4) Administrative suspension to retired status. A formerly admitted attorney seeking retired status after transfer to administrative suspension shall submit to the Attorney Registration Office:
(i) a form available through the Attorney Registration Office;
(ii) a verified statement that complies with Enforcement Rule 217(e)(1) and also demonstrates continued compliance with Rule 217 during the term of administrative suspension;
(iii) payment of any outstanding costs and fees under Enforcement Rule 208(g); and
(iv) an administrative fee.
A formerly admitted attorney retired under paragraph (i)(4) who seeks to resume active status where a petition for reinstatement is not required shall pay all outstanding arrears assessed and satisfy all deficiencies in connection with the transfer to administrative suspension.
(5) Upon determination by the Attorney Registration Office that the applicable requirements have been satisfied, the Attorney Registration Office shall process the requested status change.
(j) Judge status.
(1) An attorney who commences judicial service as a justice or judge on the following courts shall be assigned judge status by the Attorney Registration Office:
(i) Pennsylvania courts of record: Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and
(ii) federal courts: Supreme, Court of Appeals, Bankruptcy, and District Court, including full-time and part-time magistrate judges not otherwise engaged in the practice of law.
(2) At the conclusion of judicial service, an attorney holding judge status shall:
(i) within 20 days, notify the Attorney Registration Office in writing of the conclusion of judicial service; and
(ii) within 60 days, elect either active status under paragraph (3) or retired status under paragraph (4).
(3) Administrative change to active status within 60 days of conclusion of judicial service. A former justice or judge on judge status who seeks to resume active status upon conclusion of judicial service shall, within 60 days, submit to the Attorney Registration Office:
(i) a form available through the Attorney Registration Office;
(ii) a notice in writing which shall set forth:
(A) any discipline imposed within six years before the date of the notice upon the justice or judge by the Court of Judicial Discipline; and
(B) any proceeding before the Judicial Conduct Board or the Court of Judicial Discipline settled within six years before the date of the notice on the condition that the justice or judge resign from judicial office or enter a rehabilitation program;
(iii) a waiver available through the Attorney Registration Office and signed by the former justice or judge of the confidentiality of the record in any proceeding disclosed in the notice provided under paragraph (ii), for the limited purpose of making the record available to the Board in any subsequent proceeding under these rules;
(iv) payment of the active annual assessment for the year in which the request for active status is made.
(4) Administrative change to retired status within 60 days of conclusion of judicial service. A former justice or judge on judge status who seeks to assume retired status upon conclusion of judicial service shall, within 60 days, submit to the Attorney Registration Office a form available through that office.
(5) Upon determination by the Attorney Registration Office that the application requirements of paragraph (3) or (4) have been satisfied, the Attorney Registration Office shall process the requested status change.
(6) A former justice or judge 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 Attorney Registration Office.
Source The provisions of this Rule 219 amended through December 20, 1983, effective July 1, 1984, 14 Pa.B. 5; amended May 10, 1989, effective July 1, 1989, 19 Pa.B. 2245; amended November 26, 1990, effective with respect to assessment years commencing on or after July 1, 1991, 20 Pa.B. 6141; amended March 13, 1991, effective July 1, 1991, 21 Pa.B. 1424; amended October 18, 1991, effective with respect to assessment years commencing July 1, 1992 and thereafter, 21 Pa.B. 5254; amended March 4, 1993, effective with respect to assessment years commencing on and after July 1, 1993, 23 Pa.B. 1685; amended March 15, 1994, effective upon publication, 24 Pa.B. 1672; amended April 18, 1995, effective immediately, 25 Pa.B. 1766; amended April 3, 1996, effective July 1, 1996, 26 Pa.B. 1806; amended July 17, 1996, effective September 1, 1996, 26 Pa.B. 3624; amended April 9, 1998, effective upon publication and applicable beginning with the 1998—1999 assessment year, 28 Pa.B. 2024; amended May 15, 2001, effective immediately, 31 Pa.B. 2788; amended June 28, 2001, effective July 14, 2001, 31 Pa.B. 3728; amended March 17, 2005, effective September 1, 2005, 35 Pa.B. 1972; amended October 13, 2005, effective October 29, 2005, 35 Pa.B. 5954; amended April 10, 2007, effective upon publication in the Pennsylvania Bulletin and shall be applicable beginning with the 2007-2008 assessment year; 37 Pa.B. 1959; amended April 1, 2008, effective for the 2008-2009 assessment, 38 Pa.B. 1701; amended April 16, 2009, effective May 1, 2009, 39 Pa.B. 2193; amended March 25, 2010, effective July 1, 2010, 40 Pa.B. 1892; amended April 8, 2011, effective immediately, 41 Pa.B. 2119; amended April 9, 2012 for the 2012-13 assessment and thereafter shall revert to the provisions effective for the 2011-12 assessment, effective immediately, 42 Pa.B. 2186; amended June 4, 2012, effective in 30 days, amendments to 219(f) relating to automatic assessment of non-waivable late payment penalties shall be applicable beginning with the 2013-2014 assessment year, 42 Pa.B. 3431; under the order of February 12, 2013, the order of April 9, 2012 amending subsection (a) shall remain in effect for the 2013-14 annual attorney assessment and in one year shall revert to the provisions effective on April 8, 2012, effective immediately, 43 Pa.B. 1173; amended May 1, 2014, effective immediately for the 2014-15 annual attorney assessment and shall continue until further Order of the Supreme Court, 44 Pa.B. 2847; amended December 30, 2014, effective in 60 days, 45 Pa.B. 279; amended March 17, 2016, effective in 30 days, 46 Pa.B. 1642; amended April 12, 2016, effective in 30 days, amendments relating to mandatory electronic registration shall be applicable beginning with the 2016-2017 assessment year, 46 Pa.B. 2163; amended February 15, 2017, effective immediately for the 2017-18 annual attorney assessment and shall continue until further Order of the Supreme Court, 47 Pa.B. 1276; amended April 21, 2017, effective in 30 days, 47 Pa.B. 2539; amended June 29, 2018, effective in 30 days, 48 Pa.B. 4094; amended September 24, 2018, effective immediately, 48 Pa.B. 6386; amended February 7, 2019, effective immediately, 49 Pa.B. 824; amended February 25, 2019, effective in 30 days, 49 Pa.B. 1020; amended April 18, 2019, effective in 30 days, 49 Pa.B. 2209; amended October 2, 2019, effective in 30 days, 49 Pa.B. 6063; amended November 18, 2019, effective in 30 days, 49 Pa.B. 7165; amended October 29, 2020, effective in 30 days, 50 Pa.B. 6353; amended February 24, 2021, effective immediately, 51 Pa.B. 1128; amended March 14, 2022, effective immediately, 52 Pa.B. 1733; amended May 9, 2022, effective immediately, 52 Pa.B. 2955; amended July 19, 2023, effective September 1, 2023, except that changes to the annual attorney registration form reflected in Pa.R.D.E. 219(c) shall become effective May 1, 2024, in conjunction with the commencement of the 2024-2025 attorney registration period, 53 Pa.B. 4385. Immediately preceding text appears at serial pages (410102) to (410104), (400015) to (400018) and (410105) to (410106).
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