The Reinstatement Process

Formerly admitted attorney files a verified statement showing compliance with the terms and conditions of the order of suspension and payment of any associated costs and outstanding fees, along with the appropriate filing fees, with the Board Prothonotary.

The Board Prothonotary certifies the formerly admitted attorney’s compliance with the order of suspension to the Supreme Court of Pennsylvania.

The Supreme Court of Pennsylvania issues an Order.

Petitioner files a Petition for Reinstatement, Reinstatement Questionnaire with required attachments, and one notarized Waiver of Confidentiality form, along with the appropriate filing fee, with the Board Prothonotary using the Disciplinary Board’s Attorney Gateway. Petitioner must retain the original notarized Waiver of Confidentiality form until final determination of the Petition for Reinstatement.

Any outstanding obligation to the Board must be satisfied prior to the filing of the Petition. Petitioner must have completed 36 hours of PA CLE courses, 12 in Ethics, within the past 12 months (51 Pa.B. 4061).

Office of Disciplinary Counsel (ODC) reviews the Petition for Reinstatement and conducts its investigation into the Petitioner’s fitness to practice law. Within 60 days of the filing of the Petition for Reinstatement, ODC files a Response.

The Board refers the matter to a Hearing Committee, and the matter is scheduled for hearing. At the hearing, Petitioner’s burden is to demonstrate that Petitioner has the moral qualifications, competency and learning in the law required for admission to practice in the Commonwealth and that the resumption of the practice of law will not be detrimental to the bar or the administration of justice nor subversive of the public interest.

In matters where an attorney was transferred to disability inactive status pursuant to Pa.R.D.E. 301, the Petitioner’s burden is clear and convincing evidence that the attorney’s disability has been removed and Petitioner is fit to resume the practice of law.

Petitioner and ODC respectively may file a brief with the Hearing Committee setting forth proposed findings of fact, conclusions of law, and suggested disposition.

The Hearing Committee issues a Report and Recommendation in favor or for denial of reinstatement.

Petitioner and ODC respectively may file with the Disciplinary Board a Brief on Exceptions to the Hearing Committee’s Report and Recommendation. After these briefs are filed, both parties may file with the Disciplinary Board a Brief Opposing Exceptions in response to the other party’s exceptions.

Either party may request oral argument before the Board.

If requested and granted, oral argument is held before a panel of Board Members.

The Disciplinary Board adjudicates the matter and files its Report and Recommendation with the Supreme Court of Pennsylvania in favor or for denial of reinstatement.

Under limited circumstances, the Petitioner and ODC may file a Petition for Review for Allowance of Appeal with the Supreme Court of Pennsylvania.

In matters in which the Disciplinary Board has recommended a grant of the Petition for Reinstatement and the Supreme Court of Pennsylvania considers denial, the Court issues to the Petitioner a Rule to Show Cause why the petition should not be denied. Petitioner and ODC respectively may submit a response to the Court within 20 days.

The Supreme Court of Pennyslvania adjudicates the matter and issues an Order.