It has only now come to our attention that amendments to Pennsylvania disciplinary rules were proposed in September, with a comment period ending November 3. The amendments are intended to reduce lawyer misappropriations from client funds and fiduciary funds in the possession of lawyers. According to the Disciplinary Board, the proposed rules would:
- “impose certain restrictions on the brokering, offer or placement of investment products in relation to the provision of legal services;
- “clarify the financial records required to be maintained, require account reconciliations on a monthly basis, require prompt availability and production of records upon request or demand, and allow for the temporary suspension of an uncooperative respondent-attorney;
- “require attorneys to provide on the annual fee form additional account information that will assist ODC [Office of Disciplinary Counsel] in the investigation of misappropriation cases and the preservation of fiduciary funds and other property;
- “streamline unduly cumbersome procedures that impede investigations and that unnecessarily extend the time from initial detection of signs of theft to successful prosecution; and
- “emphasize the importance of prompt and complete disengagement from the practice of law by a suspended or disbarred attorney, provide an incentive to timely disengage and consequence for failure to timely disengage, and give ODC enhanced oversight authority to ensure that a formerly admitted attorney has promptly and fully disengaged.”
“Proposed Amendments to the Pennsylvania Rules of Professional Conduct and the Rules of Disciplinary Enforcement to Reduce Loss Resulting from the Misappropriation of Client and Third Party Funds,” 44 Pa.B. 6070 (9/27/2014).
