Current through Register Vol. 54, No. 40, October 5, 2024
Section 85.8 - Types of discipline(a)General rule. Enforcement Rule 204(a) provides that misconduct shall be grounds for any of the following: (1) Disbarment by the Supreme Court.(2) Suspension by the Supreme Court for a period not exceeding five years.(3) Public censure by the Supreme Court with or without probation.(4) Probation by the Supreme Court under supervision provided by the Board.(5) Public reprimand by the Board with or without probation.(6) Private reprimand by the Board with or without probation.(7) Private informal admonition by Disciplinary Counsel.(8) Revocation of an attorney's admission or license to practice law in the circumstances provided in 85.7(b)(6) (relating to grounds for discipline).(b)Conditions attached to discipline. Enforcement Rule 204(b) provides that conditions may be attached to an informal admonition, private reprimand, or public reprimand and that failure to comply with such conditions shall be grounds for reconsideration of the matter and prosecution of formal charges against the respondent-attorney.(c)Limited In-House Corporate Counsel License. Enforcement Rule 204(c) provides that a reference in the Enforcement Rules and these rules to disbarment, suspension, temporary suspension, administrative suspension, permanent resignation, or transfer to or assumption of retired, inactive or disability inactive status shall be deemed to mean, in the case of a respondent-attorney who holds a Limited In-House Corporate Counsel License, expiration of that license; and that a respondent-attorney whose Limited In-House Corporate Counsel License expires for any reason: (1) shall be deemed to be a formerly admitted attorney for purposes of Chapter 91 Subchapter E (relating to formerly admitted attorneys); and(2) shall not be entitled to seek reinstatement under Chapter 89 Subchapter F (relating to reinstatement and resumption of practice) or §§ 93.145 (relating to administrative change to active status) or 93.112(c) (relating to reinstatement upon payment of taxed costs) and instead must reapply for a Limited In-House Corporate Counsel License under Pennsylvania Bar Admission Rule 302 (relating to limited in-house corporate counsel license).The provisions of this §85.8 amended July 8, 1983, effective 7/9/1983, 13 Pa.B. 2138; amended August 5, 2005, effective immediately, 35 Pa.B. 4301; amended December 1, 2006, effective immediately, 36 Pa.B. 7233; amended August 7, 2009, effective immediately, 39 Pa.B. 4725; amended August 11, 2012, effective immediately, 42 Pa.B. 5156; amended October 29, 2020, effective in 30 days from date of publication, 51 Pa.B. 781.Amended by Pennsylvania Bulletin, Vol 53, No. 50. December 16, 2023, effective 12/16/2023