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PA · rules

Pa. Lawyers Fund R.P. 3.2

Consideration of Claims

activein force · 1982-12-02 – presentact-effective-date

(a) In authorizing payment of claims, the Board shall not award more than

$150,000.00 to any one claimant unless otherwise authorized by the Supreme

Court of Pennsylvania.

(b) Upon consideration of a claim, the Board may approve or deny the claim or defer

action pending the receipt of further information, or pending the occurrence of

further events.

(c) No claim which is approved by the Board shall be paid until the claimant has

executed such instruments, taken such action or entered into such agreements

as the Board shall require.

(d) The Board will consider for payment only those claims arising out of an attorney-client relationship or claims arising under Rule of Disciplinary Enforcement 514.

(e) The Board will not pay interest on the misappropriated money or property.

(NOTE: Interest actually received before the monies are misappropriated shall be

considered part of the reimbursable loss, but interest that could have been

earned but was not, is not within the award).

(f) The Board may reconsider a prior determination of a claim sua sponte.

(g) The Board will reconsider a prior determination of a claim upon the written

request of either the claimant or the covered attorney, provided:

(1) the request for reconsideration is submitted in writing to the Executive

Director;

(2) the request for reconsideration is received by the Executive Director

within 30 days of the date of the notification of the denial of a claim or

the approval of an award; and

(3) the request for reconsideration is accompanied by and/or includes newly

discovered documentation and/or information which was not previously

available for submission to and consideration by the Board.

(h) Should the claimant or covered attorney fail to make a request for

reconsideration in accordance with Rule of Disciplinary Enforcement 521 and

Rule of Procedure 3.2(g), or should the request for reconsideration be denied, or

should the Board grant the request for reconsideration and upon reconsideration

determine to affirm the prior decision, the decision of the Board is final and

there is no further right of appeal.

(i) The Board may determine to rescind an approved award:

(1) if the claimant has received payment from the covered attorney or a third

party in an amount equal to, or in excess of, the approved award; or

(2) if the claimant has not executed any requisite document as determined

by the Board; or

(3) if the claimant has not performed such other condition(s) as the Board

determined to be a prerequisite to the payment of the approved award;

or

(4) when the Board determines, in its sole discretion, that the payment of the

approved award would be contrary to the mission and objective of the

Fund.

(j) If during the pendency of a claim, documentation is provided by the covered

attorney that payment has been made to the claimant in the full amount of the

alleged loss set forth on the Statement of Claim filed by the claimant:

(1) the Executive Director shall correspond with the claimant and request the

claimant to provide a written confirmation within 30 days of the date of

the letter, of the receipt of the covered attorney’s payment and the

withdrawal of the claim, or that no payment has been received and the

claim should continue to be processed;

(2) if the claimant fails to respond to the Executive Director’s initial inquiry

within 30 days, a second inquiry will be sent via regular and certified

mail, return receipt requested, requesting written confirmation of the

receipt of the payment and the withdrawal of the claim, or that no

payment has been received and the claim should continue to be

processed. The second inquiry letter will advise the claimant if no

response is received within 30 days of the date of the second inquiry

letter, the file will be administratively closed without review or action by

the Board.

Provenance

Source
palawfund.com
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
1ac491af5b969e020fe4f7abb879261d22cb7bf81509a7831d5d9418dce0950e
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