Mass. R. Sup. Jud. Ct. 4:05

As amended through October 3, 2024

Rule 4:05 - Claims by Clients

Section 1.

The Board may consider a client's claim for reimbursement of losses caused by an attorney who had been a member of the Massachusetts bar and who has been disbarred, suspended, has resigned from the bar, or has died. The Board may allow or deny such claims in whole or in part to the extent that funds are available and in accordance with all applicable rules and principles, especially the provisions of this Chapter Four.

Section 2.

All reimbursements shall be a matter of grace, not right, and no client, beneficiary, employer, organization, or other person shall have any right or interest in the Fund. No decision to allow or deny reimbursement shall be subject to judicial review in a court of either appellate or original jurisdiction.

Section 3.

In exercising its discretion whether to allow any claim for reimbursement from the Fund, the Board shall attempt to establish fair, reasonable, and consistent principles for the allowance and denial of claims. To the extent possible, the Board shall attempt to fully reimburse claimants for their actual losses consistent with the Board's role as public trustee of the Fund and considering the following and other factors as the Board may deem appropriate and relevant:

(A) The amounts available and likely to become available to the Fund for payment of claims;

(B) The size and number of claims likely to be presented in the future;

(C) 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;

(D) The unreimbursed amounts of claims recognized by the Board as meriting reimbursement but for which complete reimbursement has not been made;

(E) The degree of hardship suffered by the claimant as compared with that suffered by other claimants; and

(F) Any negligence or conduct of the claimant that may have contributed to the loss.

Section 4.

The Board may require any claimant, as a condition of any payment from the Fund, to execute such instruments, to take such action, and to enter into such agreements as the Board may direct, including assignments, subrogation agreements, trust agreements, and promises to cooperate with the Board in making and prosecuting claims or charges against any person.

Section 5.

The Board may issue a subpoena requiring the attendance and testimony of a witness, including the disbarred or suspended attorney, to appear before the Board or its counsel at a specified date and time. The subpoena shall specify any evidence relating to the Board investigation that the witness shall produce to the Board, including but not limited to books, records, correspondence, or documents. The Board may record testimony electronically or otherwise. The Board shall use the recording for its own administrative purposes.

Section 6.

The Board shall keep confidential all claim forms, proceedings, investigations, claimants' and respondents' financial information, and reports involving specific claims received and payments made from the Fund. The Board and its staff shall maintain the confidentiality of the claim forms, investigations, and proceedings. This provision shall not be construed to:

(A) deny relevant information to the Board of Bar Overseers, to a court or investigative agency of proper jurisdiction, to an authorized agency investigating the qualifications of a judicial candidate, or applicant for governmental employment;

(B) prohibit the release of statistical or summary information that does not disclose the identity of the parties; or

(C) prohibit the release of publicity in a manner that is consistent with the provisions of this section.

Mass. R. Sup. Jud. Ct. 4:05

Adopted June 3, 1974, effective 9/1/1974. Amended effective 9/14/1977;4/15/1996; amended December 11, 2003, effective 1/1/2004; amended June 26, 2019, effective 9/1/2019.