Last week, a column appearing in The Legal suggested that the Pennsylvania Supreme Court is wrong to allow disbarred and/or suspended attorneys to seek work as paralegals, file clerks or administrative assistants at law firms and in-house counsel offices. We’re using our column this month to discuss the rules governing the hiring of suspended and disbarred lawyers and to explain why we think the Supreme Court’s support of this hiring practice serves the interests of the public, the profession, and the rehabilitation of the attorney under discipline.

Rule 217 of the Pennsylvania Rules of Disciplinary Enforcement governs the conduct of formerly admitted attorneys and is designed to prevent any potential abuses. In 2000, the rule was amended to add subsection (j) which provides, a “formerly admitted attorney may not engage in any form of law-related activities in this Commonwealth” except in accordance with the rule. Specifically, Rule 217(j)(1) requires that all law-related activities of the former attorney be conducted under the supervision of an attorney in good standing of the Pennsylvania Bar. In addition, the rule limits the scope of work that formerly admitted attorneys may perform to legal work of a preparatory nature, communicating with clients in ministerial matters only and providing clerical assistance to other attorneys.

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