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 written permission to disclose or has independently publically disclosed the filing of a claim with the Fund);
(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 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 and/or its committees;
(6) lawyer discipline agencies and client protection funds in other jurisdictions 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.
(e) Requests for the release of confidential information by any person or entity, other than those identified in subsection (d), must be made to the Fund through the issuance of a subpoena; requests for same made under the Freedom of Information Act will not be honored.
Source The provisions of this Rule 504 adopted March 4, 1993, effective March 20, 1993, 23 Pa.B. 1300; amended June 29, 2007, effective September 4, 2007, 37 Pa.B. 3218; amended April 27, 2009, effective immediately, 39 Pa.B. 2318; amended December 9, 2019, effective in 30 days, 49 Pa.B. 7571. Immediately preceding text appears at serial pages (395756) and (370659).
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