What is a Pennsylvania Lawyer?
A Pennsylvania lawyer is an attorney who is barred in the Commonwealth of Pennsylvania and is permitted to practice law within the state. In order to be a Pennsylvania lawyer an individual must have graduated from an accredited law school within the United States or have done comparable training that meets the standard requirement of the The Pennsylvania Bar Association. In order to be barred in the commonwealth of Pennsylvania a Pennsylvania Lawyer must have passed the bar exam, the MPRE and have passed the character and fitness evaluation performed by the state.
The bar exam in Pennsylvania is a two day exam that is administered by the Pennsylvania Bar Association twice a year, usually in February and July. The average number of applicants who pass the Pennsylvania Bar Exam is around 80%. The first day of the Pennsylvania bar exam involves 6 essay questions prepared by the Pennsylvania Board of Bar Examiners pertaining specifically to Pennsylvania. These 6 essays can cover up to 17 possible legal subjects. The first day also includes the Multi-State Performance Test which is a 90 minute question that gauges the applicants ability to take documents and write a persuasive brief or memorandum explaining a legal issue. The second day of the bar exam in Pennsylvania is the Multi-State Bare Exam. This exam consists of 200 multiple choice questions taken by applicants throughout the United States. The topics covered in the multi-state bar exam include:
■ criminal law & procedure
■ property
■ contracts
■ evidence
■ constitutional law
■ torts
In addition to passing the bar exam, an Pennsylvania lawyer applicant must pass the Multi-State Professional Responsibility Exam, or MPRE. The MPRE is a standardized 60 multiple choice question exam that gauges an applicants ability to understand and implement ethical situations dealing with the practice of law. The questions encompass areas including fees, advertising, privileges, disclosure and a number of other issues that examine the applicants ability to practice law. Pennsylvania requires a passing score of 75 in order to become a Pennsylvania Lawyer barred in the state.
The final step to becoming a Pennsylvania Lawyer is to meet the character and fitness qualifications of the Pennsylvania Bar Association. Due to the high position of responsibility that comes with the privilege of practicing law each state requires an individual to submit a character and fitness form that is evaluated by a state commission. This form will consist of all relevant information that will enable the bar association to investigate the applicant and determine whether they are worthy of the ability to practice law. The bar association will ask for all relevant information including criminal record, previous addresses, educational background and military service. The character and fitness commission will also request fingerprinting and official transcripts from educational institutions. As a Pennsylvania Lawyer, an individual is held to higher standard of conduct because of the ability of an attorney to take advantage of those individuals who are not familiar with the law.
Pennsylvania has reciprocity with 28 other states in the Union including New York and the District of Columbia, but not California. In order to be able to practice law without having taken the Oklahoma Bar Exam an applicant for admission to become an Pennsylvania Lawyer must be actively practicing law in another state continuously for 5-7 years in addition to having had a passing score of 75 on the MPRE exam. There is no reciprocity if an applicant has taken and failed the Pennsylvania Bar exam. If that happens the only way to be admitted to practice law in the Commonwealth is to sit for, and pass, the Pennsylvania Bar Exam.
Where can I find if an Pennsylvania Lawyer is in good standing?
If you are contemplating hiring a Pennsylvania Lawyer it is best to do your own homework first. You will want to make sure that the Pennsylvania Lawyer who is going to represent you is properly licensed and in good standing in the Commonwealth. If you want to find information on the standing of a Pennsylvania Lawyer you should go to the Disciplinary Board of Pennsylvania’s website at www.pabar.org/membership/lrs.blurb.asp or call 717-231-3380. There you will be able to search for lawyers by last or first name, attorney ID, city or county. The site provides you with all available information including standing and any disciplinary actions against the attorney.
If you need a Pennsylvania Lawyer you can also go to www.pabar.org/membership/lrsblurb.asp where the Pennsylvania Bar Association offers a free referral service. Consultation meetings with a Pennsylvania lawyer referred to by the Pennsylvania Bar Association will charge $30 for a half hour meeting.
How do I report Disciplinary Action against Pennsylvania Lawyers?
Disciplinary actions against Pennsylvania Lawyers are serious matters. Pennsylvania Lawyers are responsible for upholding the ethical and legal aspects of the profession on a 24/7 basis. If a Pennsylvania lawyer is not upholding his ethical responsibilities or is deficient in his or her ability to represent you then that matter should be brought to the attention of the Disciplinary Board of the State of Pennsylvania. You must file a complaint against Pennsylvania lawyer directly, and in writing, to the Disciplinary Board of the State of Pennsylvania. Your complaint should include: the name of the Pennsylvania lawyer; description of the case the lawyer was involved in; chronological timeline of events leading to the belief that disciplinary charges were necessary; copies of documents pertinent to the complaint; names of witnesses and other parties; and the name and address of the complainant. If the Disciplinary Board, after concluding its investigation, feels that the allegations are credible then they will forward the investigation to the Office of Disciplinary Counsel for prosecution of the Pennsylvania Lawyer for his or her violations of the rules of Professional responsibility. At all times from the beginning of an investigation up to the prosecution for disciplinary action by the Office of Disciplinary Counsel the matter is confidential. It is important to know that when you file disciplinary actions against an Pennsylvania lawyer you may be waiving your attorney/client privilege to certain matters involving the disciplinary action. There is a 4 year statute of for reporting ethics violations in the Commonwealth of Pennsylvania.
If the complaint results in disciplinary action against the Pennsylvania Lawyer then the matter will become public record that can be discovered on the Pennsylvania Bar Associations website. To report disciplinary complaints to the Disciplinary Board you should mail your complaint to one of four locations that can be found at www.padisciplinaryboard.org
What questions should I ask a Pennsylvania Lawyer?
When you are interviewing Pennsylvania Lawyers about possible representation you should have a number of specific questions ready to ask, including:
■ Where did you go to law school?
■ Are you barred in the state of Pennsylvania?
■ Have you ever been disciplined by an bar association?
■ How often do you handle cases like mine?
■ Will you be handling my case personally?
■ What do you see as the problem with my case?
■ What do you see as the result of this litigation?
■ Are you familiar with the court procedures and personnel in the filing jurisdiction?
