Subchapter A. PRELIMINARY PROVISIONS

Rule 101. Title and citation of Rules.

 (a)  General rule. Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:

   Absent attorney—An attorney or formerly admitted attorney for whom a conservator has been sought or appointed under these rules.

   Administrative office—The Administrative Office of Pennsylvania Courts.

   Administrative suspension—Status of an attorney, after Court order, who: failed to pay the annual fee and/or file the form required by subdivisions (a) and (d) of Enforcement Rule 219; was reported to the Court by the Pennsylvania Continuing Legal Education Board under Rule 111(b), Pa.R.C.L.E., for having failed to satisfy the requirements of the Pennsylvania Rules for Continuing Legal Education; failed to pay any expenses taxed pursuant to Enforcement Rule 208(g); or failed to meet the requirements for maintaining a limited law license as a Limited In-House Corporate Counsel, a foreign legal consultant, an attorney participant in defender and legal services programs pursuant to Pa.B.A.R. 311, or a military attorney.

   Attorney—Includes any person subject to these rules.

   Attorney Registration Office—The administrative division of the Disciplinary Board which governs the annual registration of every attorney admitted to, or engaging in, the practice of law in this Commonwealth, with the exception of attorneys admitted to practice pro hac vice under Pa.B.A.R. 301.

   Board—The Disciplinary Board of the Supreme Court of Pennsylvania.

   Censure—Public censure by the Supreme Court.

   Conservator—A conservator appointed under Enforcement Rule 321 (relating to appointment of conservator to protect interests of clients of absent attorney).

   Court—The Supreme Court of Pennsylvania.

   Disciplinary Counsel—The Chief Disciplinary Counsel and assistant disciplinary counsel.

   Disciplinary Rules—The provisions of the Code of Professional Responsibility as adopted by the Supreme Court of Pennsylvania May 20, 1970, 438 Pa. XXV, as amended from time to time by special order of the Court and governing lawyer conduct occurring or beginning on or before March 31, 1988 as well as the provisions of the Rules of Professional Conduct as adopted by the Supreme Court of Pennsylvania on October 16, 1987,    Pa.    , and effective on April 1, 1988, as amended from time to time by special order.

   Enforcement Rules—The provisions of these rules.

   ‘‘Experienced hearing committee member.’’—An attorney who at the time is a member of the panel of hearing committee members in a disciplinary district and who has served as a member of a panel of hearing committee members for at least one year and on a hearing committee that has conducted at least one hearing into formal charges of misconduct by a respondent-attorney.

   Foreign legal consultant—A person who holds a current license as a foreign legal consultant issued under Rule 341 of the Pennsylvania Bar Admission Rules.

   Formerly admitted attorney—A disbarred, suspended, administratively suspended, retired or inactive attorney.

   Hearing Committee—A hearing committee appointed under Enforcement Rule 206 (relating to hearing committees and special masters).

   Informal admonition—Private informal admonition by Disciplinary Counsel.

   Military attorney—An attorney holding a limited admission to practice under Pennsylvania Bar Admission Rule 303 (relating to limited admission of military attorneys).

   Petitioner-attorney—Includes any person subject to these rules who has filed a petition for reinstatement to the practice of law.

   Practice of law—Includes the provision of legal services as a foreign legal consultant or military attorney, or pursuant to a Limited In-House Corporate Counse24l License.

   Private reprimand—Private reprimand by the Board.

   Probation—Probation by the Supreme Court under supervision provided by the Board.

   Prothonotary—The Prothonotary of the Supreme Court of Pennsylvania.

   Respondent-attorney—Includes any person subject to these rules.

   ‘‘Senior hearing committee member.’’—An attorney who at the time is a member of the panel of hearing committee members in a disciplinary district and who has previously served either (i) as a member of the Board, or (ii) a full three-year term on a panel of hearing committee members and on hearing committees that have conducted at least two hearings into formal charges of misconduct by respondent-attorneys.

   Special Master—A special master assigned under Enforcement Rule 206 (relating to hearing committees and special masters).

   Verified statement—A document filed with the Board or the Court under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 (b)  Number; tense. In these rules the singular shall include the plural, and the plural, the singular; and words used in the past or present tense shall include the future.

 The Supreme Court declares that it has inherent and exclusive power to supervise the conduct of attorneys who are its officers (which power is reasserted in Section 10(c) of Article V of the Constitution of Pennsylvania) and in furtherance thereof promulgates these rules.

 (a)  General rule. Rules 121 through 124 of the Pennsylvania Rules of Appellate Procedure shall be applicable to all filings with the Supreme Court under these rules.

 (b)  Exception. Notwithstanding subdivision (a), an express procedural requirement in these rules shall be controlling over the applicable provision of the Rules of Appellate Procedure.

 (c)  Centralized filing. All filings with the Supreme Court under these rules shall be made only with the prothonotary, and the person making a filing shall not distribute copies to the members of the Court.

   The provisions of this Rule 104 adopted October 3, 1990, effective October 27, 1990, 20 Pa.B. 5364; amended April 4, 1995, effective immediately, 25 Pa.B. 1513; amended October 26, 2005, effective immediately upon publication of this Order in the Pennsylvania Bulletin and shall apply to all matters thereafter commenced and to those matters pending at the time in which a petition for discipline or a petition for reinstatement has not been filed, 35 Pa. B. 6226. Immediately preceding text appears at serial page (311375).