PA · rules
Pa. Lawyers Fund R.P. 3.2
Consideration of Claims
(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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