As amended through September 25, 2024
Rule 12 - Processing Claims(a)Ineligible Claims. Whenever it appears that a claim is not eligible for reimbursement pursuant to these rules, the claimant shall be advised in writing of the reasons why the claim may not be eligible for reimbursement, and that unless additional facts to support eligibility are submitted to the Fund, the claim file shall be closed. (b)Evidence of Discipline or Judgment. A certified copy of an order disciplining a lawyer for the same dishonest act or conduct alleged in a claim, or a final judgment imposing civil or criminal liability therefor, shall be evidence that the lawyer committed such dishonest act or conduct. (c)Initial Investigation; Bar Counsel's Records. Bar Counsel for the Board of Overseers of the Bar shall be promptly notified of a claim filed with the Trustees and shall furnish a report of the investigation of the claim to the Trustees together with all records of the investigation. If, on the Trustees' receipt of the report and records, there is a pending proceeding before the Board of Overseers of the Bar or the Grievance Commission involving the same conduct alleged in the claim, the Trustees shall determine whether to delay any additional investigation it may deem necessary until the conclusion of such proceeding. (d)Further Investigation by the Board of Trustees. The Board of Trustees may conduct its own investigation when it deems it appropriate and may seek the assistance of Bar Counsel for that purpose. (e)Notice to Lawyer; Response. If, by the completion of the investigation, the lawyer or the lawyer's representative has not been notified of the claim and given an opportunity to respond to the claim, a copy of the claim shall be served upon the lawyer, or the lawyer's representative. The lawyer or representative shall have 20 days in which to respond. (f)Testimony; Hearing. The Board of Trustees may request that testimony be presented to complete the record. Upon request, the claimant and lawyer, or their representatives, will be given an opportunity to be heard. (g)Effect of Finding by the Board of Trustees. The Trustees' finding of dishonest conduct for purposes of processing a claim shall not be considered for other purposes. (h)Determination by the Board of Trustees. When the record is complete, the claim shall be determined on the basis of all available evidence, and notice shall be given to the claimant and the lawyer of the determination of the Board of Trustees and the reasons therefor. The approval or denial of a claim shall require the affirmative votes of at least four trustees. The claimant shall have the duty to supply relevant evidence to support the claim. (i)Rules of Evidence Not to Apply. The Board need not observe rules of evidence observed by the courts, but shall consider evidence if it is the kind of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. (j)Payment of Approved Claim; Effect of Pending Disciplinary Proceeding. The Board of Trustees shall determine the order and manner of payment and pay all approved claims, but unless the Board of Trustees directs otherwise, no claim should be approved during the pendency of a disciplinary proceeding involving the same act or conduct that is alleged in the claim. (k)Notification of Determination. Both the claimant and the lawyer shall be advised of the status of consideration of the claim and shall be informed of the final determination. (l) Reconsideration; Finality. The claimant may request reconsideration within 30 days of the denial or determination of the amount of a claim. If the claimant fails to make a request or the request is denied, the decision of the Board of Trustees is final. (m)Notice. Notice, notification and service provided in these Rules shall be effected by first class mail, postage prepaid. Me. R. Clnt. Prot. Fund 12