The Supreme Court has amended Rule of Professional Conduct 1.6 to allow lawyers to reveal confidential information to the extent that the lawyer reasonably believes necessary “to comply with other law or court order.” The amendment is effective in 30 days. “Amendment of Rule 1.6 of the Pennsylvania Rules of Professional Conduct; No. 182 Disciplinary Rules Doc.” (8/15/2019), 49 Pa.B. 4940 (8/31/2019).
The Disciplinary Board of the Supreme Court of Pennsylvania has proposed an amendment to Rule of Professional Conduct 8.4 that would add a new paragraph (g) to make it professional misconduct for a lawyer to “in the practice of law, by words or conduct, knowingly manifest bias or prejudice, or engage in harassment or discrimination, as those terms are defined in applicable federal, state or local statutes or ordinances, including but not limited to bias, prejudice, harassment or discrimination based upon race, sex, gender identity or expression, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, or socioeconomic status.”
Comments should be submitted on or before September 30, 2019.
“Proposed Amendments to the Pennsylvania Rules of Professional Conduct Relating to Misconduct,” 49 Pa.B. 4941 (8/31/2019).
[6/19/2020 Update: The proposed rule was adopted by order titled “Amendment of Rule 8.4 of the Pennsylvania Rules of Professional Conduct; No. 196 Disciplinary Rules Doc.” (6/8/2020), 50 Pa.B. 3011 (6/20/2020).]
The Supreme Court is considering changes to several procedural rules, including Pa.R.J.A. 103 (the procedures for adopting, filing, and publishing rules) and Pa. O.C. Rule 1.1 (short title and citation to the Orphans’ Court Rules).
The stated purpose of the proposed rules is to provide greater uniformity and consistency in the styles and terminology applicable to rules.
The title of Orphans’ Court rules would be changed from “Pennsylvania Orphans’ Court Rules” to “Pennsylvania Rules of Orphans’ Court Procedure,” and the citation changed from “Pa.O.C. Rule” to “Pa.R.O.C.P.” in order to be more consistent with the titles and citations to the Rules of Civil Procedure and Rules of Criminal Procedure.
Comments, suggestions, or objections should be submitted to the Supreme Court Rules Committee by November 15, 2019.
“Proposed Amendments of Pa.R.J.A. Nos. 101 and 103, Pa.R.C.P. Nos. 51 and 129, Pa.R.C.P.M.D.J. No. 201, and Pa. O.C. Rule 1.1,” 49 Pa.B. 4809 (8/24/2019).
Under the amended version of 20 Pa.C.S. § 2106(b), a parent may be found to have forfeited an intestate share of the estate of a child for failure to support the child even if the failure of support is not willful. Janelle Johnson, individually and as Administratrix of the Estate of N.J., a Minor, Deceased v. Neshaminy Shore Picnic Park, 2018 PA Super 252 (8/20/2019), aff’ng 8 Fid.Rep.3d 305 (C.P. Philadelphia Co. 2018).
The Orphans’ Court improperly excluded documentary evidence of the birth records of claimants to the estate, and could not exclude the testimony of a genealogical witness to be paid on a contingent fee for a violation of the Rules of Professional Conduct, but could properly exclude the testimony on common law grounds as an improper fee agreement with a fact witness, and could properly conclude that the testimony deserved little or no weight. Estate of Albert Mikeska, 2019 PA Super 249 (8/20/2019).
The Pennsylvania Lawyers Fund for Client Security has proposed amendments to the Rules of Disciplinary Enforcement relating to the Fund. It is stated that the majority of the amendments are “administrative in nature, or memorialize the existing practice.” “Proposed Amendments to the Pennsylvania Rules of Disciplinary Enforcement,” 49 Pa.B. 4542 (8/17/2019).
The Administrative Office of Pennsylvania Courts has revised and republished the list of applicable authorities that restrict public access to court records. “Case Records Public Access Policy of the Unified Judicial System of Pennsylvania,” 49 Pa.B. 4544 (8/17/19).
The revisions do not affect the provisions for the Orphans’ Court that can be found in “Public Access Policy Compliance for Orphans’ Court Filings.”
In two separate orders, Delaware County has adopted several new local Orphans’ Court rules addressing guardianships, cemetery companies, and settlement of small estates.
“Local Orphans’ Court Rules Nos. 14.2—14.13; Guardianships; Orphans’ Court No. 497-19; Judicial Support Civil No. 17-5120” (Delaware Co. 6/21/2019), 49 Pa.B. 4107 (8/10/2019).
“Local Orphans’ Court Rules Nos. 2.5A (Related to Cemetery Companies) and 5.16A (Settlement of Small Estates); Orphans’ Court No. 497-19; Judicial Support Civil No. 17-5120” (Delaware Co. 6/21/2019), 49 Pa.B. 4105 (8/10/2019).
When a trust owns an annuity contract making annual payments, the estate of a beneficiary who dies after the annual payment date but before the distribution of the payment is entitled to the deceased beneficiary’s share of the annuity payment, but not if the death occurs before the annuity payment date. Wellard R. Guffy Estate, 9 Fid.Rep.3d 171 (Lycoming O.C. 2019).
Petition to seal proceedings to allocate settlement between wrongful death and survival actions was denied in the absence of a showing that disclosure would work a clearly defined and serious injury to the parties, who only alleged that the “substantial settlement” might encourage other claims against the defendant hospital. Providencia Barreto Lopez Estate, 9 Fid.Rep.3d 166 (Chester O.C. 2019).