As used in these Rules, the following capitalized terms have the meanings set forth below:
(a)Bar. The Idaho State Bar.(b)Board. Board of Commissioners, the duly elected governing body of the Bar.(c)Claim. A written application seeking reimbursement from the Client Assistance Fund of a Loss resulting from a Lawyer's Dishonest Conduct.(d)Claimant. An entity or individual or, in the event of an individual's death or incapacity, the duly appointed personal representative or spouse of the individual, that has sustained a Loss as a result of a Lawyer's Dishonest Conduct and has filed a Claim.(e)Committee. The Client Assistance Fund Committee.(f)Dishonest Conduct. 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, including but not limited to: (1) Refusal to refund an advance payment of fees or expenses that have not been earned or incurred, as required by Rule 1.16 of the Idaho Rules of Professional Conduct; or(2) The borrowing of funds from a client without an intention to repay those funds, or with disregard of the Lawyer's inability or reasonably anticipated inability to repay the funds.(g)Executive Director. The chief administrative officer of the Bar.(h)Fund. The Client Assistance Fund.(i)Lawyer. A person who meets the qualifications for and is duly admitted to the practice of law in the State of Idaho.(j)Loss. The loss of money or property occasioned by the Dishonest Conduct of a Lawyer occurring during the course of a Lawyer-client or fiduciary relationship between the Lawyer and the Claimant.(k)Rules. Section VI of the Idaho Bar Commission Rules, governing the Client Assistance Fund.(l)Supreme Court. The Supreme Court of the State of Idaho.