WHEREAS, the Philadelphia Bar Association recognizes and strongly supports the importance of financial protection of clients and supports action by the Disciplinary Board of the Supreme Court (Disciplinary Board) to take appropriate steps to protect clients and the public;
WHEREAS, the Disciplinary Board has proposed the adoption of a new Rule 1.4(c) requiring direct communication by an attorney to a client if that attorney does not have professional liability insurance coverage;
WHEREAS, the purpose of the proposed Rule appears to be the financial protection of clients from attorney malpractice;
WHEREAS, the proposed rule, as presently drafted, has significant flaws that are detailed in the attached report.
NOW THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes the adoption of the proposed Pennsylvania Rule of Professional Conduct 1.4(c) in the form currently proposed.
AND BE IT FURTHER RESOLVED that the concerns expressed in the attached report be communicated to and seriously considered by the Disciplinary Board prior to recommending adoption of any disclosure rule requiring direct communication by an attorney to a client that that attorney does not have professional liability insurance.
AND BE IT FURTHER RESOLVED, that the Association urges the Supreme Court to seek additional input from the organized bar before implementing any such rule change.
AND BE IT FURTHER RESOLVED that the Chancellor or his designee is authorized to communicate the Associations position as the Chancellor or his designee shall deem appropriate.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: SEPTEMBER 29, 2005