Section 5 - Subrogation for Reimbursements Made

As amended through June 11, 2024
Section 5 - Subrogation for Reimbursements Made
5.1 As a condition of receiving an award, a claimant shall provide the Bar with a pro tanto assignment of the claimant's rights against the lawyer, the lawyer's legal representative, estate and assigns, and of the claimant's rights against any person or entity who may be liable for the claimant's loss. Upon receipt of such assignment, the following rules govern the relationship between the Bar and the claimant:
5.1.1 Upon commencement of an action by the Bar as subrogee or assignee of a claim, the administrator shall advise the claimant, who may then join in such action to recover the claimant's unreimbursed losses.
5.1.2 In the event that the claimant commences an action to recover unreimbursed losses against the lawyer or another person or entity who may be liable for the claimant's loss, the claimant shall notify the Bar of such action in writing, within 14 days of the commencement of such action.
5.1.3 The claimant shall cooperate in all efforts that the Bar undertakes to achieve restitution for the Fund.
5.1.4 The claimant shall not release the lawyer from liability or otherwise impair the Bar's assignment of judgment or subrogated interest without the prior approval of the Board of Governors.
5.2 The administrator shall be responsible for collection of Fund receivables and shall have sole discretion to determine when such efforts would be futile. The administrator may undertake collection efforts directly or may assign subrogated claims to a collection agency or outside counsel. The administrator may authorize the expenditure of money from the Fund for reasonable costs and expenses of collection.
Revised Effective 1/1/2022.