This is an update to my article in The Legal Intelligencer in July 2012 regarding the high risk solicitation of defendants or respondents in domestic relations cases prior to service of an initial Complaint for divorce and other domestic relations actions. I am happy to report that although the wheels of justice often move slowly, it appears they are progressively moving forward especially with regard to this issue. On July 30, 2018, the Pennsylvania Supreme Court amended Rule 7.3(b)(4) of the Pennsylvania Rules of Professional Conduct to provide that no communication of solicitation be made to a party who has been named the defendant or respondent in a domestic relations action until the proof of service appears on the docket. The comment for this amendment further provides the definition of “domestic relations action” to include divorce, annulment, dissolution of marriage, child custody, support, paternity and protection from abuse and actions pursuant to the Protection of Victims of Sexual Violence or Intimidation Act.

The intent for the amendment of Rule 7.3 is obvious; to minimize the risk of violent confrontations prior to adequate advice and protection of all parties being made. In 2019 we still have a few local state courts that prohibit public access and e-filing of domestic relations dockets. Presently, the state of New Jersey and Philadelphia County do not allow public access to domestic relations cases; however, the four surrounding suburban counties (Bucks, Chester, Delaware and Montgomery) provide public access to their domestic relations dockets.

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