Rule 218. Reinstatement.

 (a)  No attorney suspended for a period exceeding one year, transferred to inactive status more than three years prior to resumption of practice or transferred to inactive status as a result of the sale of his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct, or disbarred may resume practice until reinstated by order of the Supreme Court after petition therefor pursuant to these rules.

 (b)  A person who has been disbarred may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment, except that a person who has been disbarred pursuant to Rule 216 (relating to reciprocal discipline) may apply for reinstatement at any earlier date on which reinstatement may be sought in the jurisdiction of initial discipline.

 (c)(1) Petitions for reinstatement by formerly admitted attorneys shall be filed with the Board.

   (2)  Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall have a response thereto with the Board and serve a copy on the formerly admitted attorney. Upon receipt of the response, the Board shall refer the petition and response to a hearing committee in the disciplinary district in which the formerly admitted attorney maintained an office at the time of the disbarment, suspension or transfer to inactive status. If any other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.

   Official Note

   If Disciplinary Counsel objects to reinstatement of the formerly admitted attorney, the response to the petition for reinstatement should explain in reasonable detail the reasons for the objection.

   (3)  The hearing committee shall promptly schedule a hearing at which:

     (i)   A disbarred or suspended attorney shall have the burden of demonstrating by clear and convincing evidence that such person has the moral qualifications, competency and learning in law required for admission to practice law in this Commonwealth and that the resumption of the practice of law within the Commonwealth by such person will be neither detrimental to the integrity and standing of the bar or the administration of justice nor subversive of the public interest.

     (ii)   A formerly admitted attorney who has been on inactive status shall have the burden of demonstrating that such person has the moral qualifications, competency and learning in the law required for admission to practice in the Commonwealth.

   (4)  At the conclusion of the hearing, the hearing committee shall promptly file a report containing its findings and recommendations and transmit same, together with the record, to the Board.

   (5)  The Board shall review the report of the hearing committee and the record and shall promptly file its own findings and recommendations, together with the briefs, if any, before the Board and the entire record, with the Supreme Court.

   (6)  In the event the Board recommends reinstatement and the Supreme Court, after consideration of that recommendation, is of the view that a rule to show cause should be served upon the respondent-attorney why an order denying reinstatement should not be entered, the same shall be issued setting forth the areas of the Court’s concern. A copy of the rule shall be served on Disciplinary Counsel. Within 20 days after service of the rule, respondent-attorney, as well as Disciplinary Counsel, may submit to the Supreme Court a response thereto. Unless otherwise ordered, matters arising under this rule will be considered without oral argument.

   (7)  A petition for reinstatement to active status from inactive status by a formerly admitted attorney who has not been suspended or disbarred shall be considered by a single senior or experienced hearing committee member who shall perform the functions of a hearing committee under this subdivision (c), and the rules of the Board may provide for abbreviated procedures to be followed by that hearing committee member.

 (d)  In all proceedings upon a petition for reinstatement, cross-examination of the respondent-attorney’s witnesses and the submission of evidence, if any, in opposition to the petition shall be conducted by Disciplinary Counsel.

 (e)  The Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and processing of a petition for reinstatement be paid by the respondent-attorney.

 (f)(1) Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the formerly admitted attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Enforcement Rule 217 (relating to formerly admitted attorneys), the Board shall certify such fact to the Supreme Court, which shall immediately enter an order reinstating the formerly admitted attorney to active status, unless such person is subject to another outstanding order of suspension or disbarment. Paragraph (1) of this subdivision shall not be applicable and a formerly admitted attorney shall be subject instead to the other provisions of this rule requiring the filing of a petition for reinstatement, if:

     (i)   other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney paragraph (1) shall not be applicable and such person shall file a petition for reinstatement.

     (ii)   the formerly admitted attorney has been on inactive status for more than three years; or

     (iii)   the order of suspension has been in effect for more than three years.

 (g)  Attorneys who have been on inactive status for three years or less may be reinstated pursuant to Enforcement Rule 219(h) or (j) (relating to periodic assessment of attorneys) as appropriate. This subdivision (g) does not apply to any attorney who has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct.

 (h)  The Board may cause a notice of the reinstatement to be published in one or more appropriate legal journals and newspapers of general circulation.

 (i)  The Board when appropriate shall promptly transmit to the president judge of the court of common pleas in the judicial district in which the formerly admitted attorney practiced a copy of:

   (1)  the certification filed with the Prothonotary under Enforcement Rule 219(h) or (1); or

   (2)  any other order of reinstatement entered under these rules.

 (j)  If Disciplinary Counsel shall have probable cause to believe that any formerly admitted attorney:

   (1)  has failed to comply with this rule or Rule 217 (relating to formerly admitted attorneys), or

   (2)  is otherwise continuing to practice law, Disciplinary Counsel may bring an action in any court of competent jurisdiction for such injunctive and other relief as may be appropriate.

   The provisions of this Rule 218 amended through July 15, 1983, effective July 16, 1983, 13 Pa.B. 2183; amended November 14, 1989, effective December 9, 1989, 19 Pa.B. 5213; amended October 3, 1990, effective October 27, 1990, 20 Pa.B. 5366; amended December 21, 1990, effective January 12, 1991, 21 Pa.B. 150; amended April 5, 2001, effective April 21, 2001, apply to all formerly admitted attorneys seeking reinstatement after the date of such publication; amended June 28, 2001, effective July 14, 2001, 31 Pa.B. 3728; amended September 19, 2003, effective October 4, 2003, 33 Pa.B. 4891; amended September 9, 2004, effective September 25, 2004, 34 Pa.B. 5244. Immediately preceding text appears at serial pages (299622) to (299625).