Mass. R. Sup. Jud. Ct. 4:04

As amended through October 3, 2024

Rule 4:04 - Clients' Security Board and Fund

Section 1.

The full court shall appoint a Clients' Security Board (Board). This Board shall consist of seven members of the Massachusetts bar to serve as public trustees to receive, hold, manage, and distribute the funds allocated to the Board from the annual fees assessed under Rule 4:03(1 )(a). The Board shall hold such funds in trust as the Clients' Security Fund (Fund). The purpose of the Fund is to discharge, as far as practicable and in a reasonable manner, the collective professional responsibility of the members of the Massachusetts bar for actual losses caused by the theft of client funds or property by attorneys, acting either as attorneys or as fiduciaries (except to the extent to which such losses are otherwise reimbursed).

Section 2.

(A) The Massachusetts Bar Association, each county bar association (including the Boston Bar Association as the county bar association for Suffolk County) and other appropriate organizations may submit to the full court not more than three nominees for each vacancy on the Board. The full court shall select from these nominees or from any other members of the bar a person to fill each vacancy, and shall designate a Chair and a Vice Chair to act in the absence of the Chair.

(B) All terms (except to fill an unexpired term) shall be for five years. No member shall serve more than two consecutive full terms, in addition to any term of less than five years, either by original appointment or to complete an unexpired term. A member shall be eligible, however, for reappointment for further terms after a lapse of one or more years. A member whose term has expired shall continue in office until the full court appoints a successor.

Section 3.

The Chair or a majority of the members may call meetings of the Board. The Board shall meet at least quarterly, upon reasonable notice to the Board members. A majority of members shall constitute a quorum. A majority of the members present at a duly constituted meeting may exercise any powers held by the Board.

Section 4.

The Board, members of the Board, and the staff of the Board shall be immune from liability for any conduct in the course of their official duties.

Mass. R. Sup. Jud. Ct. 4:04

Adopted June 3, 1974, effective 9/1/1974. Amended September 17, 1975, effective 1/1/1976;5/25/1982, effective 9/1/1982; amended effective 8/3/1982;2/1/1991;10/14/1997; amended October 1, 1998, effective 11/2/1998; amended June 26, 2019, effective 9/1/2019.