Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule. Enforcement Rule 217(e)(1) provides that within
ten days after the effective date of the disbarment, suspension, temporary
suspension, administrative suspension or transfer to disability inactive status
order, the formerly admitted attorney shall file with the Board Prothonotary a
verified statement (Form DB-25) (Statement of Compliance) and serve a copy on
Disciplinary Counsel. In the verified statement, the formerly admitted attorney
shall:
(1) aver that the provisions of the
order and the Enforcement Rules have been fully complied with;
(2) list all other state, federal and
administrative jurisdictions to which the formerly admitted attorney is
admitted to practice;
(3) aver that
he or she has attached copies of the notices required by subdivisions (a), (b),
and (c)(1) and (c)(2) of Enforcement Rule 217 and proofs of receipt, or, in the
alternative, aver that he or she has no clients, third persons to whom a
fiduciary duty is owed, or persons with whom the formerly admitted attorney has
professional contacts, to so notify;
(4) in cases of disbarment or suspension for
a period exceeding one year, aver that he or she has attached his or her
attorney registration license card or certificate for the current year,
certificate of admission, any certificate of good standing issued by the Court
Prothonotary, and any other certificate required by subdivision (h) of
Enforcement Rule 217 to be surrendered; or, in the alternative, aver that he or
she has attached all such documents within his or her possession, or that he or
she is not in possession of any of the certificates required to be
surrendered;
(5) aver that he or
she has complied with the requirements of paragraph (2) of subdivision (d) of
Enforcement Rule 217, and aver that he or she has, to the extent practicable,
attached proof of compliance, including evidence of the destruction, removal,
or abandonment of indicia of Pennsylvania practice; or, in the alternative,
aver that he or she neither had nor employed any indicia of Pennsylvania
practice;
(6) in cases of
disbarment, suspension for a period exceeding one year, temporary suspension
under Enforcement Rule 208(f) or 213(g), or disability inactive status under
Enforcement Rule 216 or 301, aver that he or she has complied with the
requirements of paragraph (3) of subdivision (d) of Enforcement Rule 217, and
aver that he or she has attached proof of compliance, including resignation
notices, evidence of the closing of accounts, copies of cancelled checks and
other instruments demonstrating the proper distribution of client and fiduciary
funds, and requests to cancel advertisements and telecommunication listings;
or, in the alternative, aver that he or she has no applicable appointments,
accounts, funds, advertisements, or telecommunication listings;
(7) aver that he or she has served a copy of
the verified statement and its attachments on Disciplinary Counsel;
(8) set forth the residence or other address
where communications to such person may thereafter be directed; and
(9) sign the statement.
(b)
Required certification.
Enforcement Rule 217(e)(1) also provides that the statement shall contain an
averment that all statements contained therein are true and correct to the best
of the formerly admitted attorney's knowledge, information and belief, and are
made subject to the penalties of
18 Pa.C.S. §
4904 relating
to unsworn falsification to authorities.
(c)
Cooperation required.
Enforcement Rule 217(e)(2) provides that a formerly admitted attorney shall
cooperate with Disciplinary Counsel and respond completely to questions by
Disciplinary Counsel regarding compliance with the provisions of this
section.
(d)
Cross
reference. See
95.3 (relating to monitoring of
notices to be sent by formerly admitted attorneys).
