The PA Disciplinary Board: What Pennsylvania Attorneys Need to Know
What Is the PA Disciplinary Board?
The Disciplinary Board of the Supreme Court of Pennsylvania is the state agency that regulates attorney conduct. It operates under the authority of the Pennsylvania Supreme Court and administers the Pennsylvania Rules of Professional Conduct, the Pennsylvania Rules of Disciplinary Enforcement, and the Pennsylvania Disciplinary Board rules. The Board does not initiate complaints itself — that function belongs to the Office of Disciplinary Counsel (ODC), which investigates complaints filed by clients, judges, opposing counsel, or on its own initiative and prosecutes disciplinary matters before the Board.
Who Files Complaints?
Anyone can file a complaint with the Office of Disciplinary Counsel — a former client, a judge, opposing counsel, or even another attorney. The ODC reviews every complaint and determines whether it warrants a formal investigation. Many complaints are dismissed at the initial screening stage. Others proceed to a Request for a Statement of Respondent’s Position which requires the attorney to respond, under oath, in writing.
Your response to the DB-7 is one of the most consequential steps in the entire process. A poorly drafted response — or no response at all — can transform a routine inquiry into a formal investigation. An attorney who understands the process and the ODC’s priorities can often resolve a matter at this stage without further proceedings.
The PA Disciplinary Process: An Overview
1. Complaint and Initial Review
The ODC receives a complaint and conducts a preliminary review. Many complaints are dismissed at this stage for lack of merit.
2. DB-7 — Request for Statement of Respondent’s Position
If the ODC finds reason to investigate, it sends a DB-7 letter requesting the attorney’s written response.
3. Investigation
The ODC may interview witnesses, review files, and gather additional evidence. The investigation may be closed or escalate to formal charges. The investigation is confidential at this point.
4. Petition for Discipline
If the ODC determines that formal discipline is warranted, it files a Petition for Discipline. Once the Respondent attorney files an Answer, the matter becomes public.
5. Hearing Committee
A three-member Hearing Committee — composed of volunteer attorneys appointed by the Board — conducts an evidentiary hearing and issues a report recommending a disposition.
6. Disciplinary Board Review
The full Board reviews the Hearing Committee’s recommendation and issues its own recommendation to the Pennsylvania Supreme Court.
7. Pennsylvania Supreme Court
The Supreme Court issues the final order of discipline, which may range from a private reprimand to disbarment. Each level of review is de novo on the facts and the law.
Types of Discipline
The PA Disciplinary Board can recommend a range of sanctions depending on the severity of the conduct and the attorney’s history:
- Informal Admonition — A private admonishment issued by the ODC, not by the Board
- Private Reprimand — Issued by the Board, not published publicly
- Public Reprimand — Published and part of the public record
- Probation — Practice continues under conditions and supervision
- Suspension — Temporary loss of the license to practice
- Disbarment — Permanent removal from the practice of law (reinstatement is possible after five years)
Reinstatement After Suspension or Disbarment
An attorney who has been disciplinarily suspended or disbarred is not usually barred from practicing law forever. Pennsylvania allows for reinstatement proceedings, during which the attorney must demonstrate by clear and convincing evidence that they have the moral qualifications, competence, and learning in law required for admission to practice, and that their return will not be detrimental to the integrity of the bar or to the interests of the public. Reinstatement after disbarment requires a waiting period of five years. BrotmanLaw has successfully represented attorneys in many reinstatement proceedings and understands what the Board looks for in evaluating a petition.
Reciprocal Discipline
If an attorney licensed in Pennsylvania is disciplined in another jurisdiction, Pennsylvania will likely impose reciprocal discipline. Similarly, Pennsylvania discipline can trigger proceedings in other states. Acting promptly with experienced counsel in the originating jurisdiction is the best way to limit the reach of any disciplinary action.
When Should You Contact an Attorney?
The moment you receive any communication from the Office of Disciplinary Counsel — including a DB-7 — you should contact a disciplinary defense attorney. This is not the time to respond on your own. Disciplinary defense is a distinct practice area. The rules of procedure, the standards of proof, and the strategic considerations are different from civil litigation, legal malpractice, or criminal defense.
An experienced disciplinary defense attorney knows how ODC investigations develop, how Hearing Committees evaluate testimony, and how to position a matter for the best possible outcome at every stage. Early intervention consistently produces better results than waiting until formal charges are filed.
About Ellen Brotman
Ellen Brotman has represented attorneys before the Pennsylvania Disciplinary Board and the Office of Disciplinary Counsel for more than 20 years. She has handled the full range of disciplinary matters — from initial DB-7 responses to formal hearings before the Board to reinstatement proceedings before the Pennsylvania Supreme Court. She also advises attorneys and law firms on ethics and professional responsibility matters to help prevent disciplinary exposure before a complaint is ever filed.