Rule 5 - Processing Claims (a) The Chair shall make an initial determination whether the claim is eligible for reimbursement as provided in Rule 3. If the Chair determines that a claim is not eligible for reimbursement pursuant to Rule 3, Claimant shall be notified of the reasons why the claim may not be eligible for reimbursement, and that unless additional facts to support eligibility are submitted to the Committee, the claim file shall be closed. (b) If the Chair determines that the claim is eligible for reimbursement, a copy of the claim shall be provided to the lawyer. The lawyer shall have 20 days in which to respond. (c) The Office of Bar Counsel of the Wyoming State Bar shall be promptly notified of a claim. Following receipt of the claim, Bar Counsel shall determine whether an investigation is warranted. If so, the Office of Bar Counsel shall report its investigation of the claim to the Committee. The Committee may conduct additional investigation when it deems appropriate. (d) The Committee may make a finding of dishonest conduct for purposes of adjudicating a claim. Such a determination is not a finding of dishonest conduct for purposes of professional discipline. (e) Any proceeding upon a claim need not be conducted according to technical rules relating to evidence, procedure and witnesses. Any relevant evidence shall be considered if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Claimant shall have the duty to supply relevant evidence to support the claim. (f) 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 Committee's determination and the reasons therefor. The approval or denial of a claim shall require the affirmative vote of five members of the Committee. (g) Claimant or the lawyer may request reconsideration by the Committee in writing within 30 days of the denial or the determination of the amount of a claim. If Claimant or the lawyer fails to make a request or the request is denied, the decision of the Committee is final and there is no further right of appeal. Wyo. R. State Bar, Att'y Cond. & Prac. 5
Adopted by Order dated May 16, 2017, effective July 1, 2017.