Each Pennsylvania attorney on Active or Inactive Status pays an annual fee for the privilege of practicing law in the Commonwealth. For the 2022-2023 registration year, the annual fee is $275 per active attorney. Members of the bar may wonder: where is this money going?
The annual fee is a combined total of three different charges, each authorized by a rule adopted by the Supreme Court.
The largest component of the fee is imposed by Rule 219(a) of the Pennsylvania Rules of Disciplinary Enforcement, which states, “Every attorney admitted to practice law in this Commonwealth shall pay an annual fee of $195.00 and electronically file the annual fee form provided for in this rule by July 1.” This fee funds the operations of the Disciplinary Board and its subsidiary offices, including the Attorney Registration Office and the Office of Disciplinary Counsel.
The administration of discipline is not the only function supported by this funding. The work of the Attorney Registration Office touches the professional life of every attorney admitted to practice in Pennsylvania. The Board’s website provides public contact information and current status for Pennsylvania attorneys, and is a significant resource for the bar, court officials, and the public in locating and confirming the status of Pennsylvania attorneys. The new Case Research Collection (CRC) serves as a resource for attorneys researching ethical issues. The new “Pro Bono” page provides resource links, program overviews, pro bono news items from the Board and contributions from the Pennsylvania IOLTA and CLE Boards. 2021 saw more than 2.8 million visitors to the website, using these functions and reading more than 80 news articles the Board posted to the site.
In addition to these activities, the Board, together with the Pennsylvania Lawyers Fund for Client Security, funds the peer help organization Lawyers Concerned for Lawyers of Pennsylvania. One lesson learned quickly in the handling of disciplinary cases is that attorney misconduct is often a product of human frailty more than bad intentions. To act with compassion toward attorneys struggling with challenging life situations, and to prevent the occurrence of misconduct, the Board has made a significant commitment to attorney health and wellness. Its support of and partnership with Lawyers Concerned for Lawyers is a key part of this commitment.
The second component of the fee funds the Pennsylvania Lawyers Fund for Client Security under the authority of Pa.R.D.E. 502(b), which provides, “Every attorney who is required to pay an active annual fee under Rule 219 . . . shall pay an additional annual fee of $50.00 for use by the Fund.”
The mission of the Pennsylvania Lawyers Fund for Client Security is to reimburse victims of attorney dishonesty in the practice of law, to preserve the integrity and protect the good name of the legal profession, and to promote public confidence in the legal system and the administration of justice in Pennsylvania. During 2020-2021, the Fund approved 182 claims in the amount of $686,772. Five awards totaling $17,538 were rescinded when the attorney against whom the claims were made paid the client, or the client failed to comply with the conditions of the award. The Fund denied 78 claims, and 14 were withdrawn by the claimants. At the end of the fiscal year, 87 claims remained pending, with a potential exposure of $1,488,353.
The final element of the registration fee funds the Pennsylvania Interest on Lawyer Trust Accounts (IOLTA) Board. This funding is authorized in Rule 1.15(u) of the Rules of Professional Conduct which states, “Every attorney who is required to pay an active annual assessment under Rule 219 of the [Pa.R.D.E.] shall pay an additional annual fee of $30.00 for use by the IOLTA Board.”
The core mission of the Pennsylvania Interest on Lawyers’ Trust Accounts (IOLTA) Board is to support the provision of civil legal services to the Commonwealth’s poor and disadvantaged, where a basic human need, such as access to shelter, nutrition, or healthcare, is at stake. The IOLTA Board makes grants annually to non-profit organizations, law school clinical programs, and administration of justice projects that provide civil legal services free of charge to the poor and disadvantaged.
These three fees of $195, $50, and $30 add up to a combined fee of $275. Pennsylvania’s fee is comparable to the fees of other similar jurisdictions with a voluntary bar membership (some states require membership in the bar association and, as such, membership is built into the licensing fee): Massachusetts is $300, New Jersey is $212, and Illinois is $385.