(a) Method of Making Claim. A claim against the Fund shall be made in conformance with regulations adopted by the trustees.(b) Review by Trustees.(1)Generally. The trustees shall determine whether a claim merits reimbursement from the Fund and, if so:(A) the amount of such reimbursement;(B) the time, place, and manner of payment;(C) any conditions upon which payment will be made; and(D) the order in which payments will be made.(2)No Rights in Fund. No claimant or other person has any right in the Fund, as beneficiary or otherwise.(3)Assistance in Investigation. The trustees may request bar associations, Bar Counsel, other organizations of attorneys, individual attorneys, and other individuals selected by the trustees to assist the trustees in the investigation of claims.(c) Factors to be Considered. In exercising their discretion, the trustees may consider: (1) The amounts available and likely to become available to the Fund for the payment of claims;(2) The amount and number of claims likely to be presented in the future;(3) The total amount of losses caused by defalcations of any one attorney or associated groups of attorneys;(4) The unreimbursed amounts of claims recognized by the trustees in the past as meriting reimbursement, but for which reimbursement has not been made in the total amount of the loss sustained;(5) The amount of the claimant's loss as compared with the amount of the losses sustained by other claimants who may merit reimbursement from the Fund;(6) The degree of hardship the claimant has suffered by the loss; and(7) Any other factor the trustees deem appropriate.(d) Conditions to Payment. In addition to other conditions and requirements, the trustees may require claimants, as a condition of payment, to take such action and to enter into such agreements and execute such instruments as the trustees find appropriate, including assignments, subrogation agreements, trust agreements, and promises to cooperate with the trustees in making and prosecuting claims or charges against any person. This Rule is derived from former Rule 16-811.9(2016).
Adopted June 6, 2016, eff. 7/1/2016.