Disciplinary Board Proposes Amendment on Sale of Law Practice, Seeks Comments

From the Disciplinary Board of the Supreme Court of Pennsylvania

The Disciplinary Board is seeking comments on a proposed amendment to the Rules of Professional Conduct regarding the sale of a law practice or area of practice.

By a notice of proposed rulemaking published November 14, 2015 at 45 Pa.B. 6583,  the Disciplinary Board requests comments on a proposal to amend Rule 1.17 of the Rules of Professional Conduct, dealing with sale of a law practice.

The proposed amendment would make several changes to the rule regarding sale of a law practice, including:

  • allowing sale of an area of practice;
  • permitting the seller to assist the buyer in the orderly transition of active client matters without a fee;
  • allowing sale to more than one lawyer or law firm;
  • requiring the seller to give written notice to the clients of the sold practice or practice area;
  • requiring court approval of transition of a client’s representation if the client cannot be given notice;
  • Comment 6 provides a list of client information which may be disclosed in effecting the sale of a practice or area of practice.

Interested persons are invited to submit written comments by mail or facsimile regarding the proposed amendments on or before January 5, 2016 to:
Office of the Secretary
The Disciplinary Board of the Supreme Court of Pennsylvania
601 Commonwealth Avenue, Suite 5600
P. O. Box 62625, Harrisburg, PA 17106-2625
Facsimile number (717-231-3382)
Email address Dboard.comments@pacourts.us

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