Subchapter C. FINAL DISPOSITION WITHOUT
FORMAL PROCEEDINGS

§ 87.51. Notification of disposition of complaint.

 (a)  General Rule. Upon completion of the procedures prescribed by Subchapter B (relating to review of recommended disposition of complaint), the Office of the Secretary or the Office of Disciplinary Counsel, as appropriate, shall:

   (1)  Notify the complainant of the disposition of the complaint.

   (2)  Unless the disposition involves the institution of formal proceedings, notify the respondent-attorney:

     (i)   that the complaint has been dismissed; or

     (ii)   that the respondent-attorney shall appear in person before the Chief Disciplinary Counsel or Board for the purpose of receiving an informal admonition or private reprimand. The respondent-attorney shall also be notified of the place and date to appear. The date fixed shall be not earlier than 20 days after the date of the notice to the respondent-attorney of the disposition of the complaint.

 (b)  Contents of notice.

   (1)  The notice to appear for private reprimand shall be on Form DB-12(IP) (Notice to Appear for Private Reprimand Following Informal Proceedings) and shall contain the statement required by §  89.205(c)(1) (relating to informal admonition or private reprimand following formal hearings).

   (2)  The notice to appear for informal admonition shall be given by the Office of Disciplinary Counsel on Form DB-12.1(IP) (Notice to Appear for Informal Admonition Following Informal Proceedings) and shall contain the statement required by §  89.205(c)(2).

   (3)  The notice to appear for informal admonition or private reprimand shall advise the respondent-attorney of:

     (i)   The right of the respondent-attorney under §  87.54 (relating to demand by respondent-attorney for formal proceedings) to demand the institution of formal proceedings.

     (ii)   The limited availability of the record of informal admonition or private reprimand under §  93.104(d) (relating to restrictions on available information).

 (a)  General rule. A respondent-attorney who is given notice of informal admonition pursuant to §  87.51 (relating to notification of disposition of complaint) and who does not timely demand the institution of a formal proceeding pursuant to §  87.54 (relating to demand by respondent-attorney for formal proceedings) shall appear in person before Disciplinary Counsel, at the time and place fixed for the administration of the informal admonition. A record (Form DB-38) (Record of Informal Admonition) shall be made of the fact of and basis for the informal admonition, which record shall be available only as provided in §  93.104(d) (relating to restrictions on available information).

 (b)  Failure to appear. The neglect or refusal of the respondent-attorney to appear for the purposes of informal admonition without good cause shall (as provided by Enforcement Rule 203(b)(2)) constitute an independent act of professional misconduct and shall automatically result in the institution of formal proceedings relating to such act of misconduct and to the grievance upon which such informal admonition was to relate.

 (a)  General rule. A respondent-attorney who is given notice of private reprimand pursuant to §  87.51 (relating to notification of disposition of complaint) and who does not timely demand the institution of a formal proceeding pursuant to §  87.54 (relating to demand by respondent-attorney for formal proceedings) shall appear in person before the Board, at the time and place fixed for the administration of the private reprimand. A record shall be made of the fact of and basis for the private reprimand, which record shall be available only as provided in §  93.104(d) (relating to restrictions on available information).

 (b)  Failure to appear. The neglect or refusal of the respondent-attorney to appear for the purposes of private reprimand without good cause shall (as provided by Enforcement Rule 203(b)(2)) constitute an independent act of professional misconduct and shall automatically result in the institution of formal proceedings relating to such act of misconduct and to the grievance upon which such private reprimand was to relate.

 (a)  General rule. Enforcement Rule 208(a)(6) provides that a respondent-attorney shall not be entitled to appeal an informal admonition, a private reprimand or any conditions attached thereto in cases where no formal proceeding has been conducted, but may demand as of right that a formal proceeding be instituted against such attorney in the appropriate disciplinary district; and that in the event of such demand, the respondent-attorney need not appear for the administration of the informal admonition or private reprimand, and the matter shall be disposed of in the same manner as any other formal proceeding, but any expenses of the proceeding taxed against the respondent-attorney shall be paid as required by §  89.205(b) (relating to taxation of expenses).

 (b)  Procedure. A demand under subsection (a) shall be in writing, shall be filed in the Office of the Secretary within 20 days after the date of the notice of the disposition of the complaint required by §  87.51 (relating to notification of disposition of complaint), which time limit is jurisdictional, and shall be accompanied by proof of service of a copy thereof upon the Office of Disciplinary Counsel.

   The provisions of this §  87.54 adopted July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4449; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009. Immediately preceding text appears at serial pages (142272) to (142273).