The Pennsylvania Lawyers Fund for Client Security published a set of proposed amendments to its rules. The proposal appears at 49 Pa.B. 4542 (8/14/2019). The comment period ended August 31, 2019.
Changes implemented by the proposed rulemaking include:
- The confidentiality rule would be amended to provide that the Board may disclose a claimant’s name after payment of a claim if Claimant has granted written permission to disclose or has independently publicly disclosed the filing of a claim with the Fund;
- The definition of “covered attorney” would include an attorney admitted by virtue of being the spouse of an active-duty service member;
- Claims for unearned, unrefunded fees paid to a lawyer who, without completing the engagement, died, was transferred to inactive disability status, or cannot be located would be eligible for consideration;
- Notice of a claim would be effective upon mailing of notice to the attorney’s address of record with Attorney Registration; and
- When a hearing takes place, both the Claimant and the Covered Attorney would be allowed to request the issuance of a subpoena to summon a witness to testify at such hearing;
- Challenges to the validity of subpoenas must be raised to a hearing committee of the Board, and cannot be raised for the first time on court review.