Rule 605 - Processing Claims(a)Evaluation of Claim. All Claims shall be evaluated by or under the authority and direction of the Committee, which may: (1) Dismiss the matter based on the Claimant's failure to properly file a Claim or assert a reimbursable Loss under these Rules; or(2) Initiate an investigation of the Claim.(b)Investigation - Lawyer Response. If the Committee initiates an investigation of a Claim, it shall notify the Lawyer against whom the Claim is made by effecting service as provided in Rule 614. The Lawyer shall have twenty-one (21) days from the date of service to file a written, verified response to the Claim. If the Lawyer fails to file a timely response, or acknowledges in his or her response that the Claim is reimbursable under these Rules, the Committee has discretion to recognize the Claim as valid without a hearing.(c)Hearing. Hearings shall be scheduled and conducted as the Committee, in its discretion, deems appropriate. (1)Place of Hearing. Hearings shall be held at the Bar, provided that a hearing may be conducted by telephonic or electronic means at the Chair's discretion.(2)Notice. The Chair shall give, or cause to be given, notice to the Claimant and Lawyer stating the date, time and place of the hearing. The notice shall advise the Claimant and Lawyer of their right to be represented by counsel, to present documents and witnesses, and to cross-examine witnesses presented by the opposing party.(3)Scheduling Order. The Chair may issue a scheduling order setting forth deadlines for the disclosure of witnesses and the filing of any additional documentation for the Committee's consideration at hearing. The Committee, in its discretion, may decline to review any information not timely submitted pursuant to the scheduling order.(d)Decision.(1)Notice of Dismissal. If during its preliminary investigation the Committee determines that a Claim is not in proper form or fails to state an essential element for reimbursement under these Rules, it shall notify the Claimant of its decision and state the reasons for the action taken. (A)Request for Reconsideration of Dismissal. A Claimant may request a reconsideration of the Committee's determination by filing a written request stating the reasons for the request.(B)Time of Filing. The request for reconsideration shall be filed within fourteen (14) days following the Claimant's receipt of notice under this Rule.(C)Service of Request. The written request shall be served upon the Chair and the affected Lawyer as provided in Rule 614.(D)Failure to Timely Request. If the Claimant fails to file a timely request for reconsideration, or the request for reconsideration is denied, the decision of the Committee is final.(2)Recommendation of Committee. Following an investigation and a hearing, if conducted, the Committee shall issue and file with the Board its findings of fact, conclusions of law and recommendation. The Committee's recommendation may include dismissal of the Claim or the allowance, in whole or in part, of the Claim. In cases where it appears that there will be unjust enrichment, or the Claimant unreasonably or knowingly contributed to the Loss, the Board may, in its discretion, deny the Claim.(A)Service. Service of the Committee's findings of fact, conclusions of law and recommendation shall be made upon the Claimant and Lawyer as provided in Rule 614.(B)Finding of Dishonest Conduct - Effect. The Committee, for good cause, may make a finding of Dishonest Conduct for the purpose of adjudicating a claim. Such a determination is not a finding of Dishonest Conduct by the Lawyer for purposes of discipline under Section V, Rules for Review of Professional Conduct.(C)Manner and Order of Payment. A recommendation that a Claim be allowed may include a determination of the manner and order of payment.(D)Time for Filing. The Committee's findings of fact, conclusions of law and recommendation shall be filed with the Board within thirty (30) days following conclusion of a hearing or, if no hearing is held, within thirty (30) days of the Committee's decision based upon the record.(e)Review by Board(1)Request for Review. The Claimant or Lawyer may file with the Executive Director a written request for the Board's review of the Committee's findings of fact, conclusions of law and recommendation.(A)Time for Filing. A request for review, if any, shall be filed within fourteen (14) days following service of the Committee's findings of fact, conclusions of law and recommendation.(2)Board Review. The Board's review of the matter shall be on the record unless the Board, in its discretion, determines that the appearance of the parties, briefing, or oral argument before the Board is required. If the Board determines that additional proceedings before the Board are required, the Executive Director shall serve a notice of the date, time and place for appearing or filing on the Claimant and Lawyer.(3)Board Decision. Following its review, the Board shall issue final findings of fact, conclusions of law and an order that: (A) Affirms the Committee's recommendation;(B) Rejects the Committee's recommendation;(C) Modifies the Committee's recommendation; or(D) Remands the matter to the Committee for further investigation or hearing.(4)Notice of Board's Decision.(A)Filing and Service. The Board shall file with the Executive Director and serve upon the Claimant and Lawyer its findings of fact, conclusions of law and order.(B)Time for Filing. The Board's findings of fact, conclusions of law and order shall be filed within thirty (30) days following the conclusion of its review.(f)Review by Supreme Court. The Claimant or Lawyer may file a request for review of the Board's findings of fact, conclusions of law and order with the Supreme Court. (1)Time for Filing. The request for review shall be filed within fourteen (14) days following service of the Board's findings of fact, conclusions of law and order.(2)Place for Filing. The request for review shall be filed with the Clerk of the Supreme Court.(3)Briefs - Oral Argument. The party seeking review shall file an opening brief with the Clerk of the Supreme Court within twenty-eight (28) days following the date the request for review was filed. A responding brief shall be filed within twenty-one (21) days after the service of the opening brief. Any reply brief shall be filed within fourteen (14) days after service of the responding brief. The Supreme Court, in its discretion, may schedule oral argument at a designated time and place. Following the conclusion of oral argument, if any, the Supreme Court shall promptly enter an appropriate order.(4)Effect of Award. In the event the Supreme Court enters an order approving an award under these Rules, such order shall constitute a judgment against the subject Lawyer that is enforceable as provided by law, unless the Supreme Court's order states otherwise.