Disciplinary Board Newsroom

SUPREME COURT OF PENNSYLVANIA ISSUES NEW ORDER FOR OUT-OF-STATE LAWYERS
Disciplinary Board of the Supreme Court of Pennsylvania reminds in-state attorneys of Rule 8.3

The Disciplinary Board

(Lemoyne, Pa.) - On June 29, 2007 the Supreme Court of Pennsylvania issued orders to amend rules governing civil case procedures and attorney professional conduct. The orders will take effect starting September 4, 2007 and will establish a standardized method for determining eligibility for out-of-state attorneys to practice in Pennsylvania as counsel pro hac vice - a legal term meaning “for this occasion.”

In addition to the new standards, the court also adopted a first-time-ever fee for pro hac vice admission, and designated the proceeds to go to the Interest On Lawyers Trust Account (IOLTA) program. IOLTA funds civil legal services for Pennsylvanians who cannot afford to pay for those services. The fee applies to those practicing in the state’s trial and appellate courts.

This new addition to pro hac vice is the first uniform statewide rule to govern an evaluation of the application that requires an admission fee to practice in the Commonwealth.

These amendments propose that Pennsylvania lawyers who sponsor a pro hac vice lawyer or encounter an out-of-state lawyer, abide by Rule 8.3 that states all lawyers have a general duty to report lawyer misconduct, regardless of the jurisdiction where the suspect lawyer is licensed.

Lawyers in Pennsylvania are reminded of their duty to the administration of justice to assure that the integrity of court proceedings is protected, and the duty to the courts and to their clients to make sure the decision-making process is not undermined by the participation of unqualified individuals.

Lawyers having a concern as to the licensure of out-of-state lawyers can contact the Office of Disciplinary Counsel. However, while the Disciplinary Board does not have jurisdiction over out-of-state attorneys not admitted pro hac vice, the Board has information to make a referral to the disciplinary agency that does.

The new rules were adopted with input from the IOLTA Board, Pennsylvania’s Board of Law Examiners, and Pennsylvania Lawyers Fund for Client Security Board and the Civil Procedural Rules Committee. The rules are the latest in a series of administrative enhancements to emerge from the Supreme Court’s 17 advisory boards and committees that significantly enhance court operations statewide. Over the last year, the court has implemented new rules to streamline and standardize foreign adoption registrations; enhanced the administrations of trusts and estates through new forms; boosted public trust and confidence in the courts under a new financial records review policy; and developed a Public Health Law Benchbook to prepare for a major threat, such as a pandemic.

To stay up to date with the latest amendments and regulations, subscribe to the Disciplinary Board’s free attorney e-newsletter. The e-newsletter keeps members of the legal profession informed of new rules, activities of the Disciplinary Board, Ethics Education and advice from members of the staff. To subscribe to the monthly e-newsletter, send an email to subscribe@padisciplinaryboard.org.

ABOUT THE DISCIPLINARY BOARD
The Disciplinary Board was created by the Supreme Court of Pennsylvania to review conduct and assure compliance by all attorneys to the Pennsylvania Rules of Professional Conduct. For more information about the Disciplinary Board please visit www.padb.us.

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For more information on this press release, please contact Jamie Fulginiti via email at jfulginiti@hersheyphilbin.com or by phone at 717.975.2148.