RULE 1. DEFINITIONS
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.
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