February 22, 2013 - Oregon State Bar
February 22, 2013 - Oregon State Bar
February 22, 2013 - Oregon State Bar
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(D)<br />
Form of SUA Petition:<br />
(i) A Covered Party who seeks to<br />
reassign responsibility for a claim will set forth in<br />
detail the reasons why responsibility should be<br />
reassigned, the other PLF-covered attorney or<br />
attorneys who should be held responsible, and<br />
the percentage of responsibility for the claim<br />
(totaling 100 percent) which the Covered Par[y<br />
and each other PLF-covered attorney so named<br />
should bear. A Covered Party who seeks a<br />
reduction or waiver of the SUA due to<br />
mishandling of the claim by the PLF or its<br />
employees or agents will set forth in detail the<br />
reasons why the SUA should be reduced or<br />
waived, and what amount of SUA (if any) the<br />
Covered Parry should be assessed.<br />
(2) The petition for relief from SUA<br />
submitted by the Covered Party may be in any<br />
form the Covered Party chooses. The Covered<br />
Party is responsible for attaching to the SUA<br />
petition or submitting therewith all<br />
correspondence, documents, and other written<br />
materials from the PLF claim fle or other sources<br />
which the Covered Party wishes the Board of<br />
Directors or Board of Governors to consider. The<br />
Covered Party is required to provide 10 copies of<br />
the SUA petition and all supporting documents<br />
for an appeal to the Pr~~#ey~~~y-fiva~}<br />
Board of Directors, and is required to provide 16<br />
copies of the SUA petition and all supporting<br />
documents for an appeal to the Board of<br />
Governors. In addition, the Covered Party will<br />
provide an additional copy of the SUA petition<br />
and all supporting documents for each other<br />
PLF-covered attorney to whom the Covered Party<br />
seeks to reassign responsibility for a claim in<br />
whole or in part.<br />
(E) Claim Summary: The PLF may prepare a<br />
staff summary of the claims relating to the SUA<br />
appeal at its option. The claim summary will be<br />
presented to the SUA committee and the PLF<br />
Board of Directors, and to the Board of Governors<br />
upon further appeal. If a claim summary is<br />
prepared, a copy will be provided to the Covered<br />
PLF Policy Manual<br />
January2B3-<strong>22</strong>013<br />
Party, and the Covered Party may submit a reply<br />
if desired within seven days.<br />
(F)<br />
Resoonse of Other Attorneys:<br />
(1) The PLF will forvvard a copy of (a)<br />
the Covered Party's SUA petition and all<br />
supporting documents; (b) any staff summary<br />
prepared by the PLF; and (c) any reply of the<br />
Covered Par[y to any PLF staff summary to the<br />
other PLF-covered attorney named in the petition<br />
(the "Responding Attorney').<br />
(2) The Responding Attorney may<br />
submit a written Response to the petition in any<br />
form the Responding Attorney chooses and may<br />
file across-appeal as to any SUA which has been<br />
allocated to the Responding Attorney. The crossappeal<br />
may seek to reallocate SUA to the original<br />
appealing attorney or to another PLF-covered<br />
attorney, or may seek review of the SUA due to<br />
negligent or improper handling of the claim by<br />
the PLF or its employees and agents, in the same<br />
manner as an original SUA appeal may be fled<br />
under these policies. The Responding Attorney is<br />
responsible for attaching to the Response or<br />
submitting therewith all correspondence,<br />
documents, and other written materials from the<br />
PLF claim fle or other sources which the<br />
Responding Attorney wishes the Board of<br />
DireMOrs or Board of Governors to consider. The<br />
Responding Attorney is required to provide 10<br />
copies of the Response and all supporting<br />
documents for an appeal to the Fro€essieaal<br />
Na#~iliky—FuNdPLF Board of Directors, and is<br />
required to provide 16 copies of the Response<br />
and all supporting documents for an appeal to<br />
the Board of Governors. In addition, the<br />
Responding Attorney will provide an additional<br />
copy of the Response and all supporting<br />
documents for each other PLF-covered attorney<br />
involved in the SUA appeal.<br />
(G) Realy: The PLF will forward a copy of the<br />
Response of the Responding Attorney to each of<br />
the other PLF-covered attorneys involved in the<br />
appeal, and each attorney may submit a written<br />
Reply to the PLF within 14 days. The Reply may<br />
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