Section 9 - Procedures and Responsibilities for Claimants

As amended through July 2, 2024
Section 9 - Procedures and Responsibilities for Claimants
9.01. The Board shall prepare and approve a form of claim.
9.02. The form shall include at least the following information provided by the claimant under penalty of perjury:
(a) Name and address of claimant, home and business telephone, occupation and employer;
(b) Name, address and telephone number of the lawyer alleged to have engaged in dishonest conduct;
(c) The nature of services the lawyer performed and/or was to perform for the claimant, if any;
(d) Whether the claimant's agreement with the lawyer was in writing, and, if so, attach a copy;
(e) Specify whether the claimant's loss involves money, securities or other property;
(f) The amount of loss and the date when the loss occurred, and if documentation is available, attach a copy;
(g) The date when the claimant discovered the loss, and how the claimant discovered the loss;
(h) A description of the lawyer's alleged dishonest conduct and the names and addresses of any persons who have knowledge regarding the loss;
(i) Whether the loss has been reported to the district attorney, police, disciplinary agency or other (specify); and if so, furnish a copy of the complaint and describe what action was taken;
(j) Whether the loss potentially can be reimbursed from any other source, such as insurance, fidelity or surety agreement and, if so, specify the source of such potential recovery;
(k) Description of any steps taken to recover the loss directly from the lawyer, or any other source;
(l) Any other facts believed to be important to the Fund's consideration of the claim;
(m) How the claimant learned about the Fund;
(n) The name, address and telephone number of the claimant's present lawyer, if any;
(o) A statement that the claimant agrees to cooperate with the Board in reference to the claim or civil actions which may be brought in the name of the Board or in the name of the claimant pursuant to a subrogation and assignment which shall be contained within the claim.
9.03. The claimant shall have the responsibility of completion of the claim form and establishing that a compensable claim may exist.
9.04. The claim shall be filed with the Board in the manner and place designated in its rules of procedure.