PA · rules
Pa. Lawyers Fund R.P. 3.6
Confidentiality
(a) All claims filed with the Fund shall be confidential in accordance with Rule of
Disciplinary Enforcement 504.
(b) For all awards approved after September 4, 2007, in accordance with Rule of
Disciplinary Enforcement 504, the Fund may release:
(1) the name of the covered attorney;
(2) the amount claimed;
(3) the amount awarded; and,
(4) a summary of the claim.
The above information may be disclosed regardless of the attorney’s status, i.e.
active, inactive or, disability status. Nothing in Rule of Disciplinary Enforcement
504(b) or Rule of Procedure 3.6(b) confers a right to anyone to receive
information or documentation relative to any claims(s) filed with the Fund where
an award has been approved.
(c) For all awards approved after September 4, 2007, in accordance with Rule of
Disciplinary Enforcement 504, the Fund may release the name of the claimant if
the claimant has granted written permission to disclose the claimant’s name.
3.7 $1,000,000 Aggregate Per Attorney Cap:
Upon determination by the Staff that claims being made against a covered attorney have
the potential to exceed the $1,000,000 aggregate per attorney cap imposed by Rule of
Disciplinary Enforcement 514(b):
(a) Review of all such pending claims by the Board will be deferred until after the
expiration of one year from the date of the filing of the first pending claim
regarding the subject covered attorney.
(b) When reviewing the claims in accordance with Rule of Procedure 3.7, the Board
will make a determination of the compensability of each claim and, the amount
of the reimbursable loss, without regard to the Rule of Disciplinary Enforcement
514(b) aggregate cap. Each claimant and the covered attorney will be notified of
the determination by the Board regarding compensability only, pending a
determination by the Board whether or not to seek a waiver of the aggregate cap
as permitted by Rule of Disciplinary Enforcement 514(b). The decision to seek a
waiver of the aggregate cap is within the sole discretion of the Board and such
decision will be made within six months of the determination by the Board
regarding compensability of the claims and the aggregate amount of the
reimbursable losses.
(c) Should the Board determine to seek a waiver of the aggregate cap, the Board will
submit a written request to the Supreme Court of Pennsylvania providing:
(1) the reimbursable losses as determined by the Board regarding the
covered attorney;
(2) the impact of the reimbursable losses on the Fund’s existing reserve;
(3) the impact of the recovery to each claimant if the requested waiver is not
granted; and
(4) such other information which the Board determines is relevant in order
for the Court to consider and act upon the request. It is within the
Court’s sole discretion to grant the waiver, grant a partial waiver or, deny
the requested waiver.
(d) Subsequent to the Court’s decision regarding a requested waiver or, subsequent
to the determination by the Board not to seek a waiver of the aggregate cap, the
claimant and the covered attorney will be notified of the amount of the
reimbursable loss that has been approved for payment.
(e) Reimbursable losses computed in accordance with Rule of Disciplinary
Enforcement 514(b) may be reduced on a pro rata basis.
4. Overdraft Inquiries in Accordance with Rule of Disciplinary Enforcement 221
Provenance
- Source
- palawfund.com
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
99d2166caa6db92508e973fe1ce20476db861dba3df620303a564b30d3029678
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