客户保障基金.C. 酒吧
西北第四街901号
2001年,华盛顿特区
电话:202-780-2772
传真:1-866-926-2585
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的 客户保障基金istrict of Columbia 酒吧 is a trust fund created by the 哥伦比亚特区上诉法院 to reimburse clients whose lawyers have dishonestly retained money, 财产, 或者是属于他们客户的其他有价值的东西. 的 fund is not authorized to pay claims asserting that a lawyer failed to do a good job representing a client; such malpractice claims can be filed in court. Nor is the fund authorized to pay claims asserting that a client was overcharged by a lawyer. 此类费用纠纷可以向ACAB提出 收费仲裁服务. Only dishonest conduct on the part of an attorney can give the fund jurisdiction to pay a claim for reimbursement. 通常情况下,该基金是最后的基金. Reimbursement from the fund is discretionary, turning on the equities of the claims presented. 因此,没有 正确的 从基金中获得赔偿. 除了, filing a claim with the fund has no effect on the underlying legal matter about which a claimant may originally have consulted a lawyer. 的 claimant remains responsible for addressing such underlying legal matters.
的 规则 governing the 客户保障基金 permit the fund to reimburse claims only when the conditions listed below are satisfied:
- 的 lawyer against whom a claim is filed has died, retired, been disbarred or suspended; or the lawyer has been declared by a court to be bankrupt or mentally incompetent; or a court has entered a civil or criminal judgment against a lawyer based upon the alleged dishonest conduct at issue. 的se conditions need not be satisfied if the 董事会 of Governors of the District of Columbia 酒吧 has voted to clarify a claim to the fund.
- When the dishonest conduct occurred, the lawyer was acting as either a lawyer or a fiduciary. A lawyer is someone who represents the legal 正确的s of someone else. A fiduciary is someone who has been entrusted with the obligation to hold money or 财产 for the benefit of someone else. Executors, trustees, escrow holders, and other similar persons are fiduciaries.
- 的钱, 财产, or other things of value for which reimbursement is sought was in the actual or constructive possession of the lawyer.
- 的 loss to the claimant for which reimbursement is sought resulted from dishonest conduct on the part of the lawyer, 比如盗窃, 挪用公款, 虚伪的陈述, 或者其他不正当侵占请求人财产的行为.
- 的 lawyer was a member of the District of Columbia 酒吧 at the time that the dishonest conduct occurred, and the dishonest conduct had a significant connection with the District of Columbia, because the lawyer’s office or the subject matter of the representation was in the District of Columbia, or because there was some other nexus with the District of Columbia.
- 索赔发生在4月1日之后, 1972, the date on which the District of Columbia 酒吧 and the 客户保障基金 were created.
- 的 claimant recognizes that the fund is only authorized to reimburse up to $100,单笔索赔就能索赔5000美元.
- 没有保险、债券或类似的基金来弥补损失.
- 索赔人不丧失获得报销的资格. 如果申索人是配偶,则申索人被取消资格, 近亲属, 合作伙伴, 或者澳门赌场官网的合伙人; or 是保险公司、担保人或担保机构; or is a business entity controlled by the lawyer or a relative 或者澳门赌场官网的合伙人; or 是政府实体还是机构.
的se conditions summarize the requirements for reimbursement imposed by the 规则 governing the fund. 申请人希望看到实际 规则 themselves can obtain copies from the 客户保障基金 office. 的 fund is only authorized to pay a claim if the claimant agrees both to assign to the fund any legal 正确的 to reimbursement that the claimant may have against the lawyer resulting from the lawyer’s dishonest conduct, and to cooperate with any efforts that the fund may make to pursue that claim against the lawyer. Any recovery that the fund obtains from the lawyer will be applied to offset payments made by the fund to the claimant and to offset the costs of obtaining the recovery. 的 claimant is entitled to any amounts that the fund may recover from the lawyer in excess of the amount necessary to reimburse the fund for its payment to the claimant and its collection costs.
If you believe that you have a claim that satisfies the conditions for reimbursement, 请填妥此申请表, 在公证人面前宣誓核实, 并交回客户保障基金办事处. 的 staff of that office is willing to assist you in completing the application. You may also be able to find a lawyer who is willing to help you complete the application, but a lawyer is not permitted to charge you a fee for doing so. Please remember that it can take several months to process an application for reimbursement.
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