Section 85.10. Stale matters

(a) General matters. The Office of Disciplinary Counsel or the Board shall not entertain any complaint arising out of acts or omissions occurring more than four years prior to the date of the complaint, except as provided in subsection (b).

(b) Exceptions. The four year limitation in subsection (a) shall:

(1) Not apply in cases involving theft or misappropriation, conviction of a crime or a knowing act of concealment.

(2) Be tolled during any period when there has been litigation pending that has resulted in a finding that the subject acts or omissions involved civil fraud, ineffective assistance of counsel or prosecutorial misconduct by the respondent-attorney.

The provisions of this § 85.10 amended January 15, 1988, effective January 16, 1988, 18 Pa.B. 241; amended May 27, 1994, effective immediately, 24 Pa.B. 2693; amended April 12, 2002, effective immediately. Immediately preceding text appears at serial page (214510).