Pennsylvania Code (Last Updated: April 5, 2016) |
Title 204. JUDICIAL SYSTEM GENERAL PROVISIONS |
PART V. PROFESSIONAL ETHICS AND CONDUCT |
Subpart B. DISCIPLINARY ENFORCEMENT |
Chapter 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT |
SubChapter A. PRELIMINARY PROVISIONS |
Section 102. Definitions
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(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:
Absent attorneyAn attorney or formerly admitted attorney for whom a conservator has been sought or appointed under these rules.
Administrative officeThe Administrative Office of Pennsylvania Courts.
Administrative suspensionStatus of an attorney, after Court order, who: failed to pay the annual fee and/or file the form required by subdivisions (a) and (d) of Enforcement Rule 219; 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 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 and legal services programs pursuant to Pa.B.A.R. 311, or a military attorney.
AttorneyIncludes any person subject to these rules.
Attorney Registration OfficeThe 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. 301.
BoardThe Disciplinary Board of the Supreme Court of Pennsylvania.
CensurePublic censure by the Supreme Court.
ConservatorA conservator appointed under Enforcement Rule 321 (relating to appointment of conservator to protect interests of clients of absent attorney).
CourtThe Supreme Court of Pennsylvania.
Disciplinary CounselThe Chief Disciplinary Counsel and assistant disciplinary counsel.
Disciplinary RulesThe 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, Pa. , and effective on April 1, 1988, as amended from time to time by special order.
Enforcement RulesThe provisions of these rules.
Experienced hearing committee member.An attorney who at the time is a member of the panel of hearing committee members in a disciplinary district and who has served as a member of a panel of hearing committee members for at least one year and on a hearing committee that has conducted at least one hearing into formal charges of misconduct by a respondent-attorney.
Foreign legal consultantA person who holds a current license as a foreign legal consultant issued under Rule 341 of the Pennsylvania Bar Admission Rules.
Formerly admitted attorneyA disbarred, suspended, administratively suspended, retired or inactive attorney.
Hearing CommitteeA hearing committee appointed under Enforcement Rule 206 (relating to hearing committees and special masters).
Informal admonitionPrivate informal admonition by Disciplinary Counsel.
Military attorneyAn attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 303 (relating to limited admission of military attorneys).
Petitioner-attorneyIncludes any person subject to these rules who has filed a petition for reinstatement to the practice of law.
Practice of lawIncludes the provision of legal services as a foreign legal consultant or military attorney, or pursuant to a Limited In-House Corporate Counse24l License.
Private reprimandPrivate reprimand by the Board.
ProbationProbation by the Supreme Court under supervision provided by the Board.
ProthonotaryThe Prothonotary of the Supreme Court of Pennsylvania.
Public reprimandPublic reprimand by the Board.
Respondent-attorneyIncludes any person subject to these rules.
Senior hearing committee member.An attorney who at the time is a member of the panel of hearing committee members in a disciplinary district and who has previously served either (i) as a member of the Board, or (ii) a full three-year term on a panel of hearing committee members and on hearing committees that have conducted at least two hearings into formal charges of misconduct by respondent-attorneys.
Special MasterA special master assigned under Enforcement Rule 206 (relating to hearing committees and special masters).
Verified statementA document filed with the Board or the Court under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).(b) Number; tense. In these rules the singular shall include the plural, and the plural, the singular; and words used in the past or present tense shall include the future.
The provisions of this Rule 102 amended October 10, 1980, effective February 8, 1981, 10 Pa.B. 4029; amended October 16, 1987, effective April 1, 1988, 17 Pa.B. 4509; amended December 6, 1989, effective December 23, 1989, 19 Pa.B. 5421; amended September 9, 2004, effective September 25, 2004, 34 Pa.B. 5244; amended March 17, 2005, effective September 1, 2005, 35 Pa.B. 1972; amended June 26, 2007, effective immediately, 37 Pa.B. 3218; amended April 16, 2009, effective May 1, 2009, 39 Pa.B. 2193; amended May 17, 2012, effective in 30 days, 42 Pa.B. 3127. Immediately preceding text appears at serial pages (343165) to (343167).