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PA · rules

Pa. Lawyers Fund R.P. 3.6

Confidentiality

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

(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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