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204 Pa. Code § 81.103. Lawyers.

Details: 204 Pa. Code § 81.103. Lawyers. § 81.103. Lawyers. (a) If a lawyer is required to maintain a Trust Account, the lawyer shall comply with these regulations and participate in IOLTA if the lawyer meets either of the circumstances set forth in (i) or (ii): (i) Practices law in Pennsylvania: The lawyer practices law from an office within the

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204 Pa. Code § 81.1. Preamble: A Lawyer's Responsibilities.

Details: A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service. (8) A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious.

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204 Pa. Code § 99.3. The Lawyer's Duties to the Court and

Details: A lawyer should demonstrate respect for other lawyers, which requires that counsel be punctual in meeting appointments with other lawyers and considerate of the schedules of other participants in the legal process; adhere to commitments, whether made orally or in writing; and respond promptly to communications from other lawyers.

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204 Pa. Code Rule 5.4. Professional Independence of a Lawyer.

Details: Rule 5.4. Professional Independence of a Lawyer. (a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that: (1) an agreement by a lawyer with the lawyer’s firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer’s death, to the lawyer’s estate or to one or more specified persons;

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204 Pa. Code Chapter 99. Code Of Civility

Details: A lawyer should demonstrate respect for other lawyers, which requires that counsel be punctual in meeting appointments with other lawyers and considerate of the schedules of other participants in the legal process; adhere to commitments, whether made orally or in writing; and respond promptly to communications from other lawyers.

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Pennsylvania Bulletin

Details: A lawyer or law firm's reasonable efforts to identify the owner of funds include a review of transaction records, client ledgers, case files, and any other relevant fee records. Reasonable efforts to locate the owner of funds include periodic correspondence of the type contemplated by the lawyer or law firm's relationship with the client

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Pennsylvania Bulletin

Details: A lawyer shall maintain a record of these disclosures for six years after the termination of the representation of a client. Comment: * * * * * Disclosures Regarding Insurance (8) Paragraph (c) does not apply to lawyers in government practice or lawyers employed as in-house counsel. (9) Lawyers may use the following language in making the

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Pennsylvania Bulletin

Details: A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this document to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the …

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Pennsylvania Bulletin

Details: DISCIPLINARY BOARD OF THE SUPREME COURT Notice of Transfer of Attorneys to Inactive Status [32 Pa.B. 15] Notice is hereby given that the following attorneys have been transferred to inactive status by Order of the Supreme Court of Pennsylvania dated November 19, 2001, pursuant to Rule 111(b) Pa.R.C.L.E., which requires that every active lawyer shall annually complete, during the compliance

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Pennsylvania Bulletin

Details: Information included at this site has been derived directly from the Pennsylvania Code, the Commonwealth's official publication of rules and regulations and from the Pennsylvania Bulletin, the Commonwealth's official gazette for information and rulemaking

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204 Pa. Code Rule 2.4. Lawyer Serving as Third-Party Neutral.

Details: Lawyer Serving as Third-Party Neutral. Rule 2.4. Lawyer Serving as Third-Party Neutral. (a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service

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207 Pa. Code Rule 2.15. Responding to Judicial and Lawyer

Details: Responding to Judicial and Lawyer Misconduct. Rule 2.15. Responding to Judicial and Lawyer Misconduct. (A) A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the judge’s honesty, trustworthiness, or fitness as a judge shall inform the appropriate authority.

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204 Pa. Code Rule 3.7. Lawyer as Witness.

Details: Lawyer as Witness. Rule 3.7. Lawyer as Witness. (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or. (3) disqualification of the lawyer

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Pennsylvania Bulletin

Details: DISCIPLINARY BOARD OF THE SUPREME COURT Notice of Administrative Suspension [47 Pa.B. 5599] [Saturday, September 9, 2017] Notice is hereby given that the following attorneys have been Administratively Suspended by Order of the Supreme Court of Pennsylvania dated July 26, 2017, pursuant to Rule 111(b) Pa.R.C.L.E., which requires that every active lawyer shall …

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204 Pa. Code Rule 5.5. Unauthorized Practice of Law

Details: A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Paragraph (a) applies to unauthorized practice of law by a lawyer, whether through the lawyer’s direct action or by the lawyer assisting another person.

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204 Pa. Code Rule 1.8. Conflict of Interest: Current

Details: Client-Lawyer Sexual Relationships (17) The relationship between lawyer and client is a fiduciary one in which the lawyer occupies the highest position of trust and confidence. The relationship is almost always unequal; thus, a sexual relationship between lawyer and client can involve unfair exploitation of the lawyer’s fiduciary role, in

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204 Pa. Code Rule 7.1. Communications Concerning a Lawyer

Details: A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

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204 Pa. Code Rule 1.6. Confidentiality of Information.

Details: A lawyer’s fiduciary duty to the lawyer’s firm may also govern a lawyer’s conduct when exploring an association with another firm and is beyond the scope of these Rules. (20) Any information disclosed pursuant to paragraph (c)(7) may be used or further disclosed only to the extent necessary to detect and resolve conflicts of interest.

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Rule 5.2. Responsibilities of a Subordinate Lawyer.

Details: (a) A lawyer is bound by the Rules of Professional Conduct notwithstanding that the lawyer acts at the direction of another person. (b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.

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PART V. PROFESSIONAL ETHICS AND CONDUCT

Details: Preamble: A Lawyer’s Responsibilities. (1) A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having a special responsibility for the quality of justice. (2) As a representative of clients, a lawyer performs various functions. As

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204 Pa. Code Rule 7.7. Lawyer Referral Service.

Details: Rule 7.7. Lawyer Referral Service. (a) A lawyer shall not accept referrals from a lawyer referral service if the service engaged in communication with the public or direct contact with prospective clients in a manner that would violate the Rules of Professional Conduct if the communication or contact were made by the lawyer.

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204 Pa. Code Rule 1.16. Declining or Terminating

Details: The lawyer may also withdraw where the client insists on taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement. (8) A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an

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204 Pa. Code Rule 1.7. Conflict of Interest: Current Clients.

Details: Thus, the lawyer for an organization is not barred from accepting representation adverse to an affiliate in an unrelated matter, unless the circumstances are such that the affiliate should also be considered a client of the lawyer, there is an understanding between the lawyer and the organizational client that the lawyer will avoid

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204 Pa. Code Rule 1.9. Duties to Former Clients.

Details: A lawyer may have general access to files of all clients of a law firm and may regularly participate in discussions of their affairs; it should be inferred that such a lawyer in fact is privy to all information about all the firm’s clients. In contrast, another lawyer may have access to …

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204 Pa. Code § 81.107. Service Charges on IOLTA Accounts.

Details: The lawyer or the Third Party Owner shall be responsible for these costs. (d) Charges imposed by an Eligible Institution to file reports required by Pa.R.D.E. 221(m) shall be paid by the lawyer maintaining the Trust Account. (e) As a general rule, a lawyer may not co-mingle the lawyer

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204 Pa. Code Rule 1.2. Scope of Representation and

Details: A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury

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234 Pa. Code Rule 120. Attorneys—Appearances and Withdrawals.

Details: Rule 120. Attorneys—Appearances and Withdrawals. (1) Counsel for defendant shall file an entry of appearance with the clerk of courts promptly after being retained, and serve a copy of the entry of appearance on the attorney for the Commonwealth. (a) If a firm name is entered, the name of an individual lawyer shall be designated as being

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246 Pa. Code Rule 207.1. Attorney of Record; Notices.

Details: See Rule 207 regarding the designation and authorization of a non-lawyer representative. Source. The provisions of this Rule 207.1 adopted June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955. No part of the information on this site may be reproduced for profit or sold for profit.

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204 Pa. Code Rule 1.0. Terminology.

Details: CLIENT-LAWYER RELATIONSHIP. Rule 1.0. Terminology. (a) ‘‘Belief’’ or ‘‘believes’’ denotes that the person involved actually supposed the fact in question to be true. A person’s belief may be inferred from circumstances. (b) ‘‘Confirmed in writing,’’ when used in reference …

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204 Pa. Code Rule 1.19. Lawyers Acting as Lobbyists.

Details: Rule 1.19. Lawyers Acting as Lobbyists. (a) A lawyer acting as lobbyist, as defined in any statute, resolution passed or adopted by either house of the Legislature, regulation promulgated by the Executive Branch or any agency of the Commonwealth of Pennsylvania, or ordinance enacted by a local government unit, shall comply with all regulation, disclosure, or other requirements of such statute

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204 Pa. Code Rule 1.1. Competence.

Details: (6) Before a lawyer retains or contracts with other lawyers outside the lawyer’s own firm to provide or assist in the provision of legal services to a client, the lawyer must reasonably believe that the other lawyers’ services will contribute to the competent and ethical representation of the client. See also Rules 1.2, 1.4, 1.6, and 5.5(a).

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204 Pa. Code Rule 4.2. Communication with Person

Details: A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4(a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

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204 Pa. Code Rule 1.17. Sale of Law Practice.

Details: Rule 1.17. Sale of Law Practice. A lawyer or law firm may, for consideration, sell or purchase a law practice, or an area of practice, including good will, if the following conditions are satisfied: (a) The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, in Pennsylvania; however, the seller

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204 Pa. Code Rule 7.5. Firm Names and Letterheads.

Details: A lawyer or law firm may also be designated by a distinctive website address or comparable professional designation. Although the United States Supreme Court has held that legislation may prohibit the use of trade names in professional practice, use of such names in law practice is …

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204 Pa. Code § 81.4. Rules of Professional Conduct.

Details: 204 Pa. Code § 81.4. Rules of Professional Conduct. No statutes or acts will be found at this website. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021). • No statutes or acts will be found at this website.

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204 Pa. Code Rule 1.5. Fees.

Details: 204 Pa. Code Rule 1.5. Fees. Rule 1.5. Fees. (a) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. The factors to be considered in determining the propriety of a fee include the following: (1) whether the fee is fixed or contingent; (2) the time and labor required, the novelty and difficulty

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204 Pa. Code Subchapter A. Rules Of Professional Conduct

Details: The lawyer should advise the other members of the board that in some circumstances matters discussed at board meetings while the lawyer is present in the capacity of director might not be protected by the attorney-client privilege and that conflict of interest considerations might require the lawyer’s recusal as a director or might require

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204 Pa. Code Rule 5.3. Responsibilities Regarding

Details: Rule 5.3. Responsibilities Regarding Nonlawyer Assistance. With respect to a nonlawyer employed or retained by or associated with a lawyer: (a) a partner and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s

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204 Pa. Code Rule 3.4. Fairness to Opposing Party and Counsel.

Details: (c) when appearing before a tribunal, assert the lawyer’s personal opinion as to the justness of a cause, as to the credibility of a witness, as to the culpability of a civil litigant, or as to the guilt or innocence of an accused; but the lawyer may argue, on the lawyer’s analysis of the evidence, for any position or conclusion with

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246 Pa. Code Rule 207. Representation in Magisterial

Details: This rule is intended to permit a non-lawyer representative, employee, or authorized agent to appear on behalf of an individual, partnership, corporation or similar entity, or unincorporated association, but not to allow a non-lawyer to establish a business for the purpose of representing others in magisterial district court proceedings.

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204 Pa. Code § 81.104. Rule 1.15 Funds.

Details: A lawyer will not be liable for damages or be held to have breached a fiduciary duty or responsibility because the lawyer deposited funds into an IOLTA Account pursuant to the lawyer’s judgment in good faith that the funds were Qualified Funds. (iii) Nominal Rule 1.15 Funds: Funds that when considered alone are not large enough to earn income

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231 Pa. Code Rule 3312. Notice of Intent to Attach Wages

Details: if you do not have a lawyer, go to or telephone the office set forth below. this office can provide you with information about hiring a lawyer. if you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to …

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204 Pa. Code Rule 6.1. Voluntary Pro Bono Publico Service.

Details: PUBLIC SERVICE Rule 6.1. Voluntary Pro Bono Publico Service. A lawyer should render public interest legal service. A lawyer may discharge this responsibility by providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations, by service in activities for improving the law, the legal system or the legal profession

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204 Pa. Code § 81.109. Exclusion and Exemptions from IOLTA

Details: § 81.109. Exclusion and Exemptions from IOLTA Participation. (a) A lawyer who does not receive Rule 1.15 Funds is excluded from IOLTA. Examples include lawyers employed full time in a corporate capacity, by local, state or federal government, as a law clerk, professor, or as a member of the judiciary.

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204 Pa. Code Rule 1.10. Imputation of Conflicts of

Details: Where one lawyer in a firm could not effectively represent a given client because of strong political beliefs, for example, but that lawyer will do no work on the case and the personal beliefs of the lawyer will not materially limit the representation by others in the firm, the firm should not be disqualified.

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204 Pa. Code Rule 3.2. Expediting Litigation.

Details: A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. Comment: (1) Dilatory practices bring the administration of justice into disrepute. Although there will be occasions when a lawyer may properly seek a postponement for personal reasons, it is not proper for a lawyer to routinely fail to

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204 Pa. Code Rule 1.14. Client with Diminished Capacity.

Details: The lawyer should take legal action on behalf of the person only to the extent reasonably necessary to maintain the status quo or otherwise avoid imminent and irreparable harm. A lawyer who undertakes to represent a person in such an exigent situation has the same duties under these Rules as the lawyer would with respect to a client.

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