Current through Register Vol. 54, No. 45, November 9, 2024
Section 91.92 - Notification of clients in litigation matters(a)General rule. Enforcement Rule 217(b) provides that a formerly admitted attorney shall promptly notify, or cause to be promptly notified, all clients who are involved in pending litigation or administrative proceedings, and the attorney or attorneys for each adverse party in such matter or proceeding, of the disbarment, suspension, temporary suspension, administrative suspension or transfer to disability inactive status and consequent inability of the formerly admitted attorney to act as an attorney after the effective date of the disbarment, suspension, temporary suspension, administrative suspension or transfer to disability inactive status. Such rule further provides that the notice to be given to the client shall advise the prompt substitution of another attorney or attorneys in place of the formerly admitted attorney; that in the event the client does not obtain substitute counsel before the effective date of the disbarment, suspension, temporary suspension, administrative suspension or transfer to disability inactive status, it shall be the responsibility of the formerly admitted attorney to move in the court or agency in which the proceeding is pending for leave to withdraw; and that the notice to be given to the attorney or attorneys for an adverse party shall state the place of residence of the client of the formerly admitted attorney. Such notices shall be in substantially the language of Form DB-24 (Litigation Notice of Disbarment, Suspension, Temporary Suspension or Transfer to Disability Inactive Status) or Form DB-24(a) (Litigation Notice of Administrative Suspension). The notice required by this subsection (b) may be delivered by the most efficient method possible as long as the chosen method is successful and provides proof of receipt. See Note after subsection (a) of § 91.91 (relating to notification of clients in nonlitigation matters).(b)Copies of notices and proofs of receipt. At the time of the filing of the verified statement of compliance required by 91.96 of this Subchapter E, the formerly admitted attorney shall file copies of the notices required by this section and proofs of receipt with the Board Prothonotary and shall serve a conforming copy on Disciplinary Counsel.The provisions of this §91.92 amended August 7, 2009, effective immediately, 39 Pa.B. 4725; amended January 30, 2015, effective 3/2/2015, 45 Pa.B. 544; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552.Amended by Pennsylvania Bulletin, Vol 53, No. 50. December 16, 2023, effective 12/16/2023