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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 />

Page 29

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