Rules for the Client Protection Fund of the Wyoming State Bar, Rule 5
Rule 5. Processing claims
Length: 375 wordsOfficial source
(a) The Chair shall make an initial determination whether the claim is eligible for
reimbursement as provided in Rule 3. If the Chair determines that a claim is not
eligible for reimbursement pursuant to Rule 3, Claimant shall be notified of the reasons
why the claim may not be eligible for reimbursement, and that unless additional facts
to support eligibility are submitted to the Committee, the claim file shall be closed.
(b) If the Chair determines that the claim is eligible for reimbursement, a copy of the
claim shall be provided to the lawyer. The lawyer shall have 20 days in which to
respond.
(c) The Office of Bar Counsel of the Wyoming State Bar shall be promptly notified of
a claim. Following receipt of the claim, Bar Counsel shall determine whether an
investigation is warranted. If so, the Office of Bar Counsel shall report its investigation
of the claim to the Committee. The Committee may conduct additional investigation
when it deems appropriate.
(d) The Committee may make a finding of dishonest conduct for purposes of
adjudicating a claim. Such a determination is not a finding of dishonest conduct for
purposes of professional discipline.
(e) Any proceeding upon a claim need not be conducted according to technical rules
relating to evidence, procedure and witnesses. Any relevant evidence shall be considered if it is the type of evidence upon which responsible persons are accustomed to rely
in the conduct of serious affairs. Claimant shall have the duty to supply relevant
evidence to support the claim.
(f) When the record is complete, the claim shall be determined on the basis of all
available evidence, and notice shall be given to the claimant and the lawyer of the
Committee’s determination and the reasons therefor. The approval or denial of a claim
shall require the affirmative vote of five members of the Committee.
(g) Claimant or the lawyer may request reconsideration by the Committee in writing
within 30 days of the denial or the determination of the amount of a claim. If Claimant
or the lawyer fails to make a request or the request is denied, the decision of the
Committee is final and there is no further right of appeal.
(Added May 16, 2017, effective July 1, 2017.)