February 22, 2013 - Oregon State Bar

address only issues raised in the Responding
Attorney's Response, and may not raise new
issues or arguments. The form of the Reply and
number of copies to be provided will be the same
as stated above for the original SUA petition and
the Responding Attorneys Response.
(H)
Review of Records:
(1) Each attorney involved in the
SUA appeal may review his or her entire PLF file
relating to the claim in question. Coverage
opinions and other documents relating to
coverage questions, reservations of rights, and
other matters confdential to the PLF are not
available for examination. File documents which
are protected by attorney-client or other privilege
are not available for inspection unless the
attorney holding the privilege consents to
inspection. However, review of claims files by the
Board of Directors or the Board of Governors will
not be deemed a waiver of attorney-client or
other privilege.
(2) Records may be examined at the
offices of the
PLF
through prior arrangement. The PLF will provide
up to 100 pages of photocopies from the relevant
case fle at no charge. Additional copies
requested by the Covered Party will be provided
at $.15 per page.
(I)
Decision of SUA Appeals by PLF;
(1) SUA appeals to the PLF Board of
Directors will initially be reviewed by the SUA
Committee. The committee will consider all
materials provided by the attorneys involved in
the appeal, the claim summary prepared 6y the
PLF staff (if any), and such additional portions of
the relevant claim fles as the committee
chooses. The committee may seek additional
information from the attorneys involved in the
appeal and from other persons which will be
disclosed to the parties to the appeal. The SUA
Committee will present a recommendation to the
PLF Board of Directors. The Board of Directors
will consider the same written materials
PLF Policy Manual
January29i~~2013
considered by the SUA Committee, and will make
a final decision concerning the SUA appeal. A full
written explanation of the determination of the
SUA appeal, includingfndings of fact, if there are
any factual determinations, conclusions, and
reasons for the conclusions will be forvvarded to
the attorneys involved in the appeal.
(2) Decision of a SUA appeal will
result in such adjustment, if any, as is warranted
by the facts. An adjustment may include
reallocation of responsibility for a claim to
another PLF-covered attorney (whether or not
the attorney responds to the request to
participate in the SUA review process), which
could result in assessment of a SUA against the
attorney.
(3) If the decision of the Board of
Directors decreases or eliminates the Covered
Party's ~.,.,,.:_~ ...a,,.....~..,. _.~,.«...,....S~A an
appropriate refund will be made by the
o ^F^~'^^^ '^ ";.. ~ ^"pLF together with
statutory interest thereon.
(4) If the decision of the Board of
Directors serves to impose all or part of the
subject ~--~~ -a-~ :`'-~ ~.^^^^^^^`SUA on
another PLF-covered attorney, the SUA
reallocated to the attorney is due and payable 30
days after written notice to the attorney. Any
SUA not paid when due will accrue interest at the
legal rate until paid, and will be included as part
of the attorneys PLf assessment in the following
year.
(5) Any decision as to responsibility
will be binding on the parties in future years
according to the terms of any applicable future
SUA plans.
(J)
BOG Chanze In SUA Allocation
(1) Any attorney involved in a SUA
appeal who after properly and timely fling a
petition or other response, is dissatisfied by the
decision of the Board of Directors will have a right
to request the Board of Governors to review the
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