833 Order amending Pennsylvania rules of disciplinary enforcement 504(d); no. 76; disciplinary rules; doc. no. 1

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

[ 204 PA. CODE CH. 83 ]

Order Amending Pennsylvania Rules of Disciplinary Enforcement 504(d); No. 76; Disciplinary Rules; Doc. No. 1

[39 Pa.B. 2318]
[Saturday, May 9, 2009]

Order

Per Curiam:

   And Now, this 27th day of April, 2009, Rule 504(d) of the Pennsylvania Rules of Disciplinary Enforcement is amended as follows.

   The amendments are adopted without prior publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b) and the amendments adopted hereby shall take effect immediately.

JOHN A. VASKOV,   
Deputy Prothonotary
Supreme Court of Pennsylvania

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter E.  PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY

GENERAL PROVISIONS

Rule 504.  Confidentiality.

   (a)  All claims filed with the Fund shall be confidential and shall not be disclosed. This confidentiality requirement extends to all documents and things made and/or obtained, and all investigations and proceedings conducted and/or held by the Fund in connection with the filing of a claim.

   (b)  Notwithstanding subsection (a), the Fund, after an award is approved, may disclose the following information:

   (1)  the name of the Claimant (if Claimant has granted permission to disclose);

   (2)  the name of the Covered Attorney;

   (3)  the amount claimed;

   (4)  the amount awarded; and

   (5)  a summary of the claim.

   (c)  Nothing in this Rule shall preclude the Fund from utilizing confidential information in the release of statistical data or in the pursuit of the Fund's subrogation rights.

   (d)  This Rule shall not be construed to preclude disclosure, at any time during [the] any investigation and/or proceeding, for confidential information requested by the following entities:

   (1)  authorized agencies investigating the qualifications of judicial candidates and any proceedings related thereto;

   (2)  the Judicial Conduct Board and/or its counterpart in other jurisdictions conducting an investigation or proceeding;

   (3)  authorized agencies investigating qualifications for government employment and any proceedings related thereto;

   (4)  federal courts and/or other jurisdictions investigating qualifications for admission to practice law and any proceedings related thereto;

   (5)  Office of Disciplinary Counsel and/or the Disciplinary Board [investigating misconduct by the Covered Attorney] and/or its committees;

   (6)  lawyer discipline agencies and client protection funds in other jurisdictions [conducting an investigation] investigating a disciplinary complaint, client protection claim or qualifications for admission or readmission to practice law and any proceedings related thereto; or

   (7)  law enforcement authorities investigating and/or prosecuting the Covered Attorney for a criminal offense.

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[Pa.B. Doc. No. 09-833. Filed for public inspection May 8, 2009, 9:00 a.m.]