1. (a) Qualifications. A respondent-attorney may be placed on probation if the respondent-attorney has demonstrated that he or she:

   1. (1) can perform legal services and the continued practice of law by the respondent-attorney will not cause the courts or profession to fall into disrepute;
   2. (2) is unlikely to harm the public during the period of probation and the necessary conditions of probation can be adequately supervised; and
   3. (3) is not guilty of acts warranting disbarment.

2. (b) Duration. Probation shall be ordered for a specified period of time or until further order of the Board or the Supreme Court. If probation is imposed in conjunction with a suspension, the suspension may be stayed in whole or in part.

   Official Note

   A period of actual suspension may or may not be appropriate. Where the Board contemplates recommending an actual suspension period it will examine evidence concerning the impact of suspension on the respondent-attorney with particular attention to its effect on his or her continued rehabilitation. After consideration of these factors, the Board anticipates that there may be situations where a period of suspension is justified and will be recommended.

3. (c) Conditions. The order placing a respondent-attorney on probation shall state the conditions of probation. The conditions shall take into consideration the nature and circumstances of the misconduct and the history, character and condition of the respondent-attorney. The following conditions and such others as the Board or the Supreme Court deems appropriate, may be imposed:

   1. (1) periodic reports to the Board and Disciplinary Counsel;
   2. (2) psychological counseling and treatment;
   3. (3) supervision over trust accounts, if directed by the Supreme Court;
   4. (4) satisfactory completion of a course of study;
   5. (5) restitution;
   6. (6) compliance with income tax laws and verification thereof;
   7. (7) limitations on practice; and
   8. (8) the payment of expenses taxed under § 89.205(b) (relating to informal admonition or private reprimand following formal hearing) and § 89.209 (relating to expenses of formal proceedings).

Source

The provisions of this § 89.291 adopted January 15, 1988, effective January 16, 1988, 18 Pa.B. 243; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended June 8, 1990, effective June 9, 1990, 20 Pa.B. 3054; amended March 1, 1991, effective March 2, 1991, 21 Pa.B. 827. Immediately preceding text appears at serial pages (149422) to (149423).