Employment of a Formerly Admitted Attorney: Potential Pitfalls
The practice of law is the only business many of us know. A formerly admitted attorney who has been suspended or disbarred has a world of skills, but needs to figure out what to do with them in order to make a living.
July 19, 2019 at 12:57 PM
7 minute read
The practice of law is the only business many of us know. A formerly admitted attorney who has been suspended or disbarred has a world of skills, but needs to figure out what to do with them in order to make a living. Many formerly admitted attorneys leave the legal profession entirely seeking employment in new arenas. However, after having devoted a lifetime to developing the skills necessary to succeed in the legal profession, other formerly admitted attorneys seek to continue employment in the profession. Formerly admitted attorneys have much to offer in terms of knowledge, ability and contacts, but, employment of a formerly admitted attorney also has potential pitfalls for both the hiring law firm/attorney and the formerly admitted attorney.
Employment of a formerly admitted attorney is governed by Pennsylvania Rule of Disciplinary Enforcement 217(j) which states: “A formerly admitted attorney may not engage in any form of law-related activities in this commonwealth except in accordance with the following requirements …” The requirements for a formerly admitted attorney to engage in law-related activities include that the activity be conducted only under the supervision of a member of the bar “who shall be responsible for ensuring that the formerly admitted attorney complies with the requirements of this subdivision.” If engaged by an organization (law firm or otherwise), the organization must designate a “supervising attorney.” Pursuant to Rule 217(j)(5), the supervising attorney and the formerly admitted attorney must file a notice of engagement with the Disciplinary Board, identifying the supervising attorney and certifying the formerly admitted attorney's activities will be monitored for compliance with subdivision 217(j). A notice must also be filed immediately upon termination of the engagement. Pursuant to Rule 217(j)(6), the “supervising attorney shall be subject to disciplinary action for any failure by either the formerly admitted attorney or the supervising attorney to comply with the provisions of this subdivision (j).” The office must be staffed by the supervising attorney on a full-time basis.
Under Rule 217(j)(2)(i), a formerly admitted attorney is only allowed to perform “legal work of a preparatory nature,” including legal research and drafting of briefs, pleadings and transactional documents. A formerly admitted attorney may also accompany a member of the bar to depositions, meetings “or other discovery matter” to provide clerical assistance to the member of the bar. Under Rule 217(j)(2)(ii) and (3), the formerly admitted attorney may have contact with clients and other third parties “limited to ministerial matters.” The rule requires the formerly admitted attorney clearly indicate in the communications that “he is a legal assistant and identify the supervising attorney.”
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250