WHEREAS, Pennsylvania Rule of Professional Conduct 5.4a prohibits sharing of legal fees between attorneys and non-attorneys;
WHEREAS, sole practitioners who wish to retire and receive value for the goodwill of their law practices are presently unable to do so;
WHEREAS, the sale of a law practice by the estate of a deceased lawyer is presently prohibited;
WHEREAS, attorneys who have law partners are able to receive such benefits;
WHEREAS, proposed Rule of Professional Conduct 1.17, Sale of a Law Practice, and related conforming amendments to Rule 1.6, Confidentiality of Information, Rule 5.4, Professional Independence of a Lawyer, Rule 5.6 Restrictions on Right to Practice and Rule 7.2 Advertising and their respective comments have been endorsed by the Pennsylvania Bar Association;
WHEREAS, the entire membership of the Philadelphia Bar Association’s Professional Responsibility Committee was polled regarding adoption of the Rule and conforming amendments, with the majority of those responding voting in favor of their adoption;
WHEREAS, adoption of proposed Rule 1.17 and conforming amendments is presently before the Supreme Court of Pennsylvania.
NOW, THEREFORE, BE IT RESOLVED that the Board of Governors of the Philadelphia Bar Association urges the Supreme Court of Pennsylvania to adopt Rule 1.17, its comment, and conforming amendments as noted above.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: February 25, 1999