February 22, 2013 - Oregon State Bar

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$P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar$

$P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar$

OSB Client Security Fund Rules (Revised 02/10) 5 decision. The 20 days shall run from the date the Committee’s decision is sent to the claimant by mail, exclusive of the date of mailing. 4.10.2 Claims approved by the Committee shall be reviewed by the Board of Governors prior to final action being taken thereon. 4.10.3 Decisions of the Committee which are reviewed by the Board of Governors shall be considered under the criteria stated in these rules. The Board shall approve or deny each claim presented to it for review, or it may refer a claim to the Committee for further investigation prior to making a decision. 4.11 The Committee, in its sole discretion, may make a finding of “dishonest conduct” for the purpose of adjudicating a claim. Such a determination shall not be construed to be a finding of unprofessional conduct for purposes of discipline. 4.12 The Committee may recommend to the Board of Governors that information obtained by the Committee about a lawyer’s conduct be provided to the appropriate District Attorney or to the Oregon Department of Justice when, in the Committee’s opinion, a single serious act or a series of acts by the lawyer might constitute a violation of criminal law or of a civil fraud or consumer protection statute. Section 5. Subrogation for Reimbursements Made. 5.1.1 As a condition of reimbursement, a claimant shall be required to provide the Bar with a pro tanto transfer of the claimant’s rights against the lawyer, the lawyer’s legal representative, estate or assigns, and of the claimant’s rights against the person or entity who may be liable for the claimant’s loss. 5.1.2 Upon commencement of an action by the Bar as subrogee or assignee of a claim, it shall advise the claimant, who may then join in such action to recover the claimant’s unreimbursed losses. 5.1.3 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 be required to notify the Bar of such action. 5.1.4 The claimant shall be required to agree to cooperate in all efforts that the Bar undertakes to achieve restitution for the Fund. 5.2 A claimant shall not release the lawyer from liability or impair the Bar’s assignment of judgment or subrogated interest without the prior approval of the Board of Governors. 5.3 The Committee Administrator shall be responsible for collection of Fund receivables and shall have sole discretion to determine when such efforts would be futile. , from time to time, recommend to the Board that collection efforts be brought and that various claims be assigned to collection agencies or referred to counsel for collection. The Board may authorize such efforts as it deems proper and, upon the recommendation of the Committee, 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 Client Security Fund for reasonable costs and expenses of collection. Section 6. General Provisions. 6.1 These Rules may be changed at any time by a majority vote of a quorum of the Committee subject to approval by the Board of Governors of the Oregon State Bar. A quorum is a majority of the entire Committee membership. 6.2 No reimbursement from the Fund on any one claim shall exceed $25,000 for claims filed on or before July 1, 1993, and $50,000 for claims filed after that date. 6.3 A member of the Committee who has or has had a lawyer-client relationship or financial relationship with a claimant or lawyer who is the subject of a claim shall not participate in the investigation or review of a claim involving the claimant or lawyer. 6.4 These Rules shall apply to all claims pending at the time of their enactment. Current versions of this document are maintained on the OSB website: www.osbar.org
6 OSB Client Security Fund Rules (Revised 02/10) Formatted: Font: (Default) Calibri 6.5 The Committee Administrator shall prepare an annual report to the membership and may from time to time issue press releases or other public statements about the Fund and claims that have been paid. The annual report and any Ppress releases and other public statements shall include the name of the lawyer, the amount of reimbursement, the general nature of the claim, the lawyer’s status with the bar and whether any criminal action has been instituted against the lawyer for the conduct giving rise to the loss. If the claimant has previously initiated criminal or civil action against the lawyer, the press release or public statement may also include the claimant’s name. The annual report, press release or other public statement may also include general information about the Fund, what claims are eligible for reimbursement, how the Fund is financed, and who to contact for information. All press releases or other public statements shall be coordinated with the Communications Manager and conform to BOG Policy 1.600. Current versions of this document are maintained on the OSB website: www.osbar.org
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February 22, 2013 - Oregon State Bar

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