Me. R. Clnt. Prot. Fund 10

As amended through August 2, 2024
Rule 10 - Eligible Claims
(a)Claims to Be Considered. The Trustees will consider for reimbursement:
(1) Claims for losses caused by the dishonest conduct of a member of the Maine Bar within the practice of his or her profession or acting as a fiduciary who has resigned, died, been adjudged insane, been disbarred, suspended or otherwise disciplined, been convicted of embezzlement or misappropriation of money or other property of his or her client, or whose whereabouts is unknown;
(2) Claims certified to the Trustees by the Board of Overseers of the Bar for consideration pursuant to this Rule;
(3) Any other claims for losses due to the dishonest conduct of a member of the Maine Bar that the Trustees, in their discretion pursuant to subdivision (e) of this rule, deem appropriate for consideration in that such consideration will advance the purposes of the Fund.
(b)Time Limit. The claim shall have been filed no later than three years after the claimant knew or should have known of the dishonest conduct of the lawyer but in no event later than ten years from the date of the dishonest conduct.
(c)"Dishonest Conduct" Defined. As used in these Rules, "dishonest conduct" means wrongful acts committed by a lawyer in the nature of theft or embezzlement of money or the wrongful taking or conversion of money, property or other things of value.
(d)Exclusions. Except as provided by subdivision (e) of this rule, the following losses shall not be reimbursable:
(1) Losses incurred by spouses, children, parents, grandparents, siblings, partners, associates and employees of the lawyer or lawyers causing the losses;
(2) Losses covered by any bond, surety agreement, or insurance contract to the extent covered thereby;
(3) Losses to which any bonding agent, surety or insurer is subrogated, to the extent of that subrogated interest;
(4) Losses incurred by any financial institution or insurance company;
(5) Losses incurred by any business entity controlled by the lawyer or by any person or entity described in paragraphs (1), (2), or (3) of this subdivision;
(6) Losses incurred by any governmental entity or agency;
(7) Losses arising from the activities of a lawyer not having an office or residence in Maine, where those activities do not have substantial contacts with Maine.
(e)Allowance of Excluded Claims for Hardship or Unusual Circumstances. In cases of hardship or special and unusual circumstances, the Trustees may, in their discretion, recognize or accelerate payment of a claim which would otherwise be excluded under these Rules.
(f)Denial of Claims for Unjust Enrichment or Similar Circumstances. In cases where it appears that claimant will be unjustly enriched, or the claimant is deemed to have suffered no hardship, or the claimant has unreasonably or knowingly contributed to the loss, the Trustees may deny all or any part of the claim.

Me. R. Clnt. Prot. Fund 10