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A. For purposes of these regulations, the following
definitions shall apply:
1) The "Committee" shall mean the Client Security Fund
Committee.
2) The "Fund" shall mean
the client security fund established pursuant to §2-68 of the Connecticut Practice Book.
3) "Reimbursable loss"
shall mean any loss that is eligible for reimbursement pursuant to §2-71 of the
Connecticut Practice Book.
4) "Dishonest conduct"
shall mean conduct as set forth in §2-69 of the Connecticut Practice Book.
5) "Claimant" shall mean an individual claiming a reimbursable loss.
RULE 2.
GENERAL REGULATIONS
A. The Committee shall
meet to consider claims and other appropriate matters as often as the Committee
deems necessary to properly and expeditiously discharge its duties.
B. The Committee reserves
the right, from time to time, to add to, subtract from or otherwise amend these
regulations.
RULE
3. CLAIMS FOR REIMBURSEMENT
A. Claims for
reimbursement from the fund shall be submitted to the Committee, in writing, on
such form as may be prescribed by the Committee for such use. An individual
submitting such a claim of a reimbursable loss shall provide the Committee with
the following information:
1) The name, address and
telephone number of the claimant;
2) The name and last
known address of the attorney whose dishonest conduct is the subject of the
claim;
3) The amount of the
claimed reimbursable loss;
4) The date or period of
time during which the claimed reimbursable loss was incurred;
5) A general statement of
facts relative to the claim, including a description of the dishonest conduct
alleged to have resulted in the reimbursable loss, and a description of any
civil, criminal or disciplinary proceedings pending in connection with the
dishonest conduct;
B. The form shall be
signed by the Claimant and shall contain the claimant's sworn statement that the
facts are true to the best of the claimant's knowledge and belief.
C. Claims shall be
addressed to the office of the Committee.
D. The claimant shall
have the responsibility of providing satisfactory evidence of a reimbursable
loss.
E.
In its discretion, the Committee may waive any of the
requirements of this rule. The Committee may also return to a claimant without
review claims that substantially fail to meet the requirements of this rule.
F. No claim or claim form may
be filed with or submitted to the Client Security Fund Committee by way of a
facsimile machine or other electronic means. Any such document so
received will not be considered as having been filed with the Client Security
Fund Committee.
RULE
4. PROCESSING CLAIMS
A. Upon receipt of a claim, the
Committee shall cause the attorney who is the subject of the claim or the
attorney's representative to be notified by certified mail within ten days of
the filing of such claim. The attorney or his or her representative shall
have twenty days from the date the notice was mailed to file a response with the
Committee. The Committee shall notify the Statewide Grievance Committee of
each claim, and shall request the Statewide Grievance Committee to furnish it
with a report of its investigation, if any, on the matter.
B. The Committee shall cause an appropriate investigation to be made of each
claim that is properly filed in accordance with these rules for a determination
of whether the same is for a reimbursable loss and to determine the extent, if
any, to which the claim shall be reimbursed by the fund. Before commencing
an investigation of a claim, the Committee may request that the claimant provide
further information with respect to the claim. The Chair of the Committee
may designate an individual or individuals to investigate and report on a
particular claim, if deemed appropriate.
C. The Committee may, in
its discretion, pursuant to §2-75(e) of the Connecticut Practice Book, hear
testimony from the claimant, the subject attorney or any other person whose
testimony is deemed necessary to make a determination concerning the claim. The
Chair of the Committee may designate a member of the Committee to receive the
testimony, and render a report on the same.
D. Upon completion of the investigation of a claim,
the Chair of the Committee or his or her designee shall place the claim on the
agenda of a regular meeting of the Committee for consideration by the Committee. A copy of the claim, any supporting
documentation accompanying the claim, any materials received by the Committee
in connection with its investigation of the claim, any report or transcript
regarding any testimony received in connection with the claim, and the report,
if any, rendered by any individual or individuals assigned to investigate the
claim, shall be provided to the members of the Committee. The Committee shall
thereafter determine the validity of the claim and the amount, if any, for which
the claimant shall be reimbursed by the fund. Based upon the claims approved
for reimbursement, the claims being processed and the amounts available in the
fund, the Committee shall determine in its sole and absolute discretion the
amount, the order and the manner of payment to be made on each approved claim.
A determination to reimburse a claimant shall require an affirmative vote of at
least seven members. The Committee may also table their consideration of the
claim pending the receipt of such additional information or documentation as the
Committee deems necessary to render its decision.
E. The claimant and the
attorney whose conduct is the subject of the claim shall be notified of the
Committee's decision in writing.
RULE 5. SUBROGATION FOR REIMBURSEMENTS MADE
Pursuant to §2-81 of the Connecticut Practice Book,
the Committee shall require, as a condition of reimbursement to a claimant, a
transfer to the Committee of the claimant's rights against the attorney whose
dishonest conduct was the subject of the claim, on such form as may be
prescribed by the Committee.
RULE 6. COLLECTION OF CLIENT SECURITY FUND FEE
The Committee shall collect the client security fund fee by a
collection date established by the Committee, which date shall be prior to the
end of the calendar year for which the fee is due, from each individual
obligated pursuant to §2-70 of the Connecticut Practice Book to pay the fee.
All individuals required to pay the fee shall remit payment of the client
security fund fee by the collection date established pursuant to this
regulation. |
