February 22, 2013 - Oregon State Bar

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$P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar$

$P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar$

Covered Party had some involvement in the legal matter, even if other attorneys in the Covered Party's frm (partners, associates, or employees) or outside the frm were also involved and committed greater potential error. Likewise, SUA relief for pure vicarious liability will not be granted when the alleged error was made by a secretary, paralegal, or other attorney working under the Covered Partys direction or control or who provided research, documents, or other materials to the Covered Party in connection with the claim. ~80~ 30/II/O5; BOG 11/19/O5~ (E) Billin The .,+~.,6 ,-•-Q„~;~.t—SUA will be added to the regular billing for the basic assessment. (F) Petition for Review: (1) The Covered Party may petition the Board of Directors in writing for review of the ~- -^'~~•~~^^ ^^^^^^^^^*SUA only upon the basis that: (a) The allocation made under 3.500(D)(1), (2), or (3) was incorrect or (b) The claim was handled by the PLF or its employees and agents (including assigned defense counsel) in a negligent or improper manner which resulted in an increased ..,r,....:+~.. -meat SUA to the Covered Party or (c) The assignment of separate counsel pursuant to 3.500(D)(3) was necessary. ~eoo s/zo/w; soc s/ie/o3; eoo io/u/as; eoc i~pv/ash PLF Policy Manual January283-<strong>22</strong>013 A SUA arising from a claim will not be reassigned to the attorney for the claimant who brought the claim if the reason given for the reassignment by the appealing attorney is that the claimants attorney should not have asserted the claim, should have asserted the claim in a more economical fashion, should have asserted the claim against someone else, or other similar reason. (2) The basis for review will be set forth in the petition, and the PLF-covered attorney, or attorneys if more than one, to whom the Covered Party seeks to reassign responsibility for the claim will be requested to participate and submit a response. A SUA appeal must be filed in the first year during which the SUA is assessed and paid. Other details of the review process will be provided to attorneys at the time of SUA assessment. The Board of Directors or its representative will review each petition and response and make such adjustment, if any, as is warranted by the facts. An adjustment may include reallocation of responsibility for a claim to another attorney (whether or not the attorney responds to the request to participate in the SUA review process), that could result in assessment of a SUA against the attorney. In the event a refund is made, it will include statutory interest. A pending Petition for Review will not relieve the Covered Party from compliance with the assessment notice. ~90D 12/6/91, BOG 3/13/9]: BOD ]/16/93, BOG B/13/93; BOA B/9/96; BOG 9/15/96; B00 B/SO/9B, BOG 9/35/98; 80~ 6/30/43; BOG 9/18/03~~ ~o/s/iz ooc??r~ 3.550 PROCEDURE FOR REVIEW OF SPECIAL (A) Procedure for SUA AOgeal: The following procedures will apply to the appeal of any Special Underwriting Assessment assessed against a covered party under PLF Policy 3.500. (B) Basis for Agpeal: (1) The Covered Party may petition the Board of Directors in writing for review of the Special Underwriting Assessment only upon the bases stated at PLF Policy 3.500(F)(1). Page 27
~eoo s/zo/an; soy spe/w~ (2) A Petition for Review of a SUA must 6e delivered to the offce of the R~efessieaaF-I:+a~llity—F~adPLF postmarked no later than January 10 of the year in which the SUA was frst imposed. Failure to fle a petition by this date means no SUA relief will be granted. (C) General Schedule for Appeals: The schedule for SUA appeals will be as follows: ~~ Formatted Activi Submission of SUA Petition by Covered Party ................ Development of claim summary by PLF staff (optional) Covered Party's reply to PLF claim analysis (optional).., Time Allowed .....January 10 ..........30 days ............7 days Submission of Response by Responding Attorney ....................................................................................30days Submissionof Reply ................................................................................................................................... 14 days Decision by PLF Board of Directors .......................................................................................................30-60 days Further appeal to Board of Governors from decision of PLF Board of Directors .....................................30 days Decision of Board of Governors ............................................................................................................30-60 days Deadlines may be extended, modifed, or supplemented by the PLF or the Board of Governors as appropriate. PLF Policy Manual January 29i~<strong>22</strong>013 Page 28
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February 22, 2013 - Oregon State Bar

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