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
RULE 3. CLAIMS FOR REIMBURSEMENT
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
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
C. Claims shall be addressed to the office of the
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.
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
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
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
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