Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Administrative suspension three
years or less. An attorney who has been administratively suspended
pursuant to §
93.144(a)
(relating to failure to comply with annual registration), §
93.144(b)
(relating to failure to comply with Pennsylvania Rules of Continuing Legal
Education requirements), or §
93.144(c)
(relating to failure to pay costs under Enforcement Rule 208(g)) for three
years or less is not eligible to file the annual registration form
electronically. Enforcement Rule 219(h)(1) provides that the procedure for
reinstatement is as follows:
(1) The formerly
admitted attorney shall submit to the Attorney Registration Office the form
required by §
93.142(a) along
with payment as applicable of:
(i) the
current annual assessment for active status;
(ii) the annual assessment that was due in
the year in which the attorney was administratively suspended;
(iii) the late payment penalties required by
§ 93.144(a)(1) and (2);
(iv) any
unpaid collection fee;
(v) payment
of any outstanding costs and fees under Enforcement Rule 208(g); and
(vi) an administrative fee of
$300.00.
(2) Upon receipt
of the annual registration form, a verified statement showing compliance with
Enforcement Rule 217 (relating to formerly admitted attorneys) and compliance
during the term of administrative suspension, confirmation of compliance with
rules and regulations of the Continuing Legal Education Board, if applicable,
and the payments required by paragraph (a)(1) of this section, the Attorney
Registration Office shall so certify to the Board Prothonotary and to the
Supreme Court; and that unless the formerly admitted attorney is subject to
another outstanding order of suspension, temporary suspension or disbarment or
the order has been in effect for more than three years, the filing of the
certification from the Attorney Registration Office with the Court Prothonotary
shall operate as an order reinstating the person to active status.
(3) Where payment of the fees and late
payment penalties has been returned to the Board unpaid, the Attorney
Registration Office shall immediately return the attorney to administrative
suspension, and the arrears shall not be deemed to have been paid until a
collection fee, as established by the Board under §
93.142(a)(2) of
these rules, shall also have been paid.
(b)
Inactive Status three years or
less. Enforcement Rule 219(h)(2) provides that the procedure is as
follows:
(1) The formerly admitted attorney
shall submit to the Attorney Registration Office:
(i) a form available through that
Office;
(ii) payment of any of the
following as 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;
(C) any unpaid collection fee.
(c)
Retired status three years or less. Enforcement Rule 219(h)(3)
provides that the procedure is as follows:
(1) The formerly admitted attorney shall
submit to the Attorney Registration Office:
(i) a form available through that
Office;
(ii) the active annual
assessment for the year in which the request for active status is
made.
(d) The
procedures under paragraph (a), (b) and (c) do not apply to:
(1) 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;
(2) 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);
(3) a
formerly admitted attorney who is subject to an outstanding order of disability
inactive status, suspension, temporary suspension, or disbarment; or
(4) 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.
