ARE THERE ANY FEES INVOLVED?

No. The Client Protection Fund charges no fees.

A claimant is not required to be represented by a

lawyer to file a claim.

WHERE IS A CLAIM FILED?

Claims forms are available upon request from:

Client Protection Fund Commission

Kansas Judicial Center

301 SW 10th Avenue, Room 117

Topeka, KS 66612-1507

Telephone: (785) 296-8409

Prior to filing a claim with the Client Protection

Fund Commission, a claimant must report the dis-

honest conduct to the Office of the Disciplinary

Administrator at the following address:

DISCIPLINARY ADMINISTRATOR’S OFFICE

701 SW Jackson St, 1st Floor

Topeka, KS 66603

Telephone: (785) 296-2486

Prepared and published as a public service by the Kansas

Client Protection Fund Commission.

KANSAS

LAWYERS’ FUND

FOR

CLIENT PROTECTION

CLIENT PROTECTION FUND COMMISSION

KANSAS JUDICIAL CENTER

301 SW 10TH AVENUE, ROOM 117

TOPEKA, KS 66612-1507

PURPOSE OF THE FUND

The legal profession has recognized that there are a few

lawyers unworthy of the trust their clients place in them.

At the request of the profession, the Kansas Supreme

Court established the Lawyers’ Fund for Client Protection

on July 1, 1993, to compensate clients who suffer eco-

nomic loss as a result of dishonest actions by Kansas law-

yers.

DOES LAWYER DISHONESTY OCCUR

OFTEN IN KANSAS?

No. Since the Fund’s inception in 1993, the number of

claims filed per year has ranged from 6 to 98 with an aver-

age of 50 claims per year. Multiple claims may have been

filed against one lawyer. There are approximately 11,200

lawyers actively licensed to practice law in Kansas.

HOW IS THE FUND FINANCED?

No tax money is involved in the Fund. It is financed by

the lawyers of this state who pay an annual registration

fee. A portion of each lawyer’s fee is placed in the Client

Protection Fund.

WHO ADMINISTERS THE FUND?

The Fund is administered by the Client Protection Fund

Commission. The Commission consists of seven mem-

bers—one judge, four lawyers, and two non-lawyers.

WHO CAN FILE A CLAIM?

A person who has suffered a loss caused by the dishonest

conduct of an active member of the Kansas bar that occurs in

the course of a lawyer-client relationship.

WHAT KINDS OF LOSSES ARE

COMPENSABLE?

The Fund covers most cases in which lawyers have taken for

their own use or otherwise misappropriated clients’ money or

other property entrusted to them. The Fund does not cover

losses resulting from a lawyer’s negligence, fee disputes, or

legal malpractice.

ARE THERE LIMITS TO THE AMOUNT A CLIENT

CAN BE REIMBURSED?

Yes. A limit of $125,000 is set for each claim. An aggregate

limit of $350,000 is set for all claims against any one lawyer.

IS THERE A TIME LIMIT TO FILE?

Yes. Claims must be filed no later that one year after the

claimant knew or should have known of the lawyer’s dishon-

est conduct.

KANSAS LAWYERS’ FUND FOR CLIENT PROTECTION

KANSAS JUDICIAL CENTER

301 SW 10TH AVENUE, ROOM 117

TOPEKA, KS 66612-1507

TELEPHONE: (785) 296-8409

HOW TO FILE A CLAIM

The Kansas Lawyers’ Fund for Client Protection (the Fund) was created by the Kansas

Supreme Court to promote public confidence in courts and the legal profession by

reimbursing losses to clients caused by the dishonest conduct of lawyers licensed to

practice law in Kansas. Reimbursement is limited to losses occurring in the course of a

lawyer-client relationship between the lawyer and the claimant. Rule 227 of the Rules of

the Supreme Court of the State of Kansas governs eligibility and the amount of

reimbursement available.

All reimbursements of losses through the Fund are a matter of grace in the sole discretion

of the Commission administering the Fund and are not made as a matter of right. The

Fund is financed solely by Kansas lawyers. No public funds are involved.

In order to be eligible for consideration for reimbursement:

1. The loss must be caused by the dishonest conduct of an active member of the

Bar of Kansas and have arisen out of the course of the lawyer-client

relationship between the lawyer and the claimant and by reason of that

relationship. Acts of legal malpractice, negligence, or fee disputes are not

covered by the Fund.

2. The claim must be filed no later than one year after the claimant knew or

should have known of the dishonest conduct of the lawyer.

3. Prior to, or at the same time the claim is filed, the claimant must report the

lawyer’s dishonest conduct to the Disciplinary Administrator’s Office, 701 SW

Jackson Street, 1st Floor, Topeka, KS 66603-3719, Telephone: 785-296-2486.

Rev. 02/2018

(Rev. 02/01/2018) Page 1

KANSAS LAWYERS’ FUND FOR CLIENT PROTECTION

STATEMENT OF CLAIM

NOTICE TO THE CLAIMANT

Only money actually paid to the lawyer, or received by the lawyer for the claimant, which was lost due to

the dishonest conduct of the lawyer is qualified for possible reimbursement. The Fund does not cover

claims based upon fee disputes, malpractice, or negligence, nor does it consider claims for additional

amounts such as damages, interest, court costs, and/or fees paid to other lawyers.

Print clearly or type to complete each question on this form (you may attach additional pages). Submit copies of

any evidence that establishes your loss (court case information, correspondence, etc.) and proof of payment such

as canceled checks (front and back), receipts, billing statements, fee agreements, or settlement information. This

information is required, and review of your claim may be significantly delayed if this information is not included.

Please read the entire form, sign in front of a notary public, and return the form and documentation to the

address on the cover sheet.

1. Claimant(s) (actual client of lawyer)

Name:

Address: City/State/ZIP:

Phone: E-mail:

Co-Claimant(s) (person(s) who paid for the legal services – if different from claimant)

Name:

Address: City/State/ZIP:

Phone: E-mail:

2. Lawyer against whom claim is made:

Name: ________________________________________________ Phone: __________________

Address: ______________________________ City/State/ZIP: ____________________________

Do you (did you) have any family relationship with this lawyer?

Yes _____ No _____ If “yes,” what is (was) the relationship?

___________________________________________________________________________________

(Rev. 02/01/2018) Page 2

Do you (did you) have any business relationship with this lawyer other than the lawyer-client

relationship?

Yes _____ No _____ If “yes,” what is (was) the relationship?

_______________________________________________________________________________

Was any other lawyer also representing you at the time of the incident regarding the matter in

question?

Yes _____ No _____ If the answer is “yes”:

Name of Lawyer: __________________________________________________________________

Address: ________________________________________________________________________

Phone: _________________________________________________________________________

3. What was the lawyer against whom you are making this claim hired to do? Explain below:

________________________________________________________________________________

_______________________________________________________________________________

4. How much was the lawyer paid for legal services OR how much money did the lawyer receive

on the claimant’s behalf? (Attach proof of payment in the form of a cancelled check or receipt.

Copies are acceptable, but please copy both sides of the check. If you do not have proof of

payment, attach a sheet explaining why not.)

$___________________________________

5. Do you have a written agreement with the lawyer or others regarding the work that was to be

done? (A written agreement, for example, could be a fee agreement, an engagement letter, or a

settlement agreement.)

Yes _____ No _____ (Attach a copy of any written agreement to this claim.)

6. Did the lawyer do any part of what you hired him or her to do?

Yes _____ No _____ Explain below:

_________________________________________________________________________________

________________________________________________________________________________

(Rev. 02/01/2018) Page 3

7. Describe the lawyer’s dishonest conduct relating to this claim, with the earliest event first. Attach

a separate sheet, if necessary.

_________________________________________________________________________________

_________________________________________________________________________________

8. Explain the form of your loss (money, securities, or other property, etc.).

____________________________________________________________________________

______________________________________________________________________

9. State the total amount or value of the loss. $__________________________________________

10. Date the loss occurred: ________________________________

Date that you discovered the loss: _____________________________

11. Explain how you discovered the loss.

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

12. If this claim is being filed more than one year after you discovered the dishonest conduct of your

lawyer, please explain why the claim was not filed within the one year limitation which generally

applies.

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

13. Has the lawyer told you that he/she owes you money because of the facts explained above?

Yes _____ No _____

If “yes,” give details as to the date, type of acknowledgment (for example, phone call or letter),

and how much money he/she admitted owing. (Attach a copy of any written acknowledgments.)

___________________________________________________________________________________

___________________________________________________________________________________

__________________________________________________________________________________

(Rev. 02/01/2018) Page 4

14. Provide the name, address and phone number of anyone who has knowledge of your loss.

__________________________________________________________________________________

__________________________________________________________________________________

What did this person see or hear?

___________________________________________________________________________________

___________________________________________________________________________________

List any additional witnesses and the information each witness knows on a separate sheet.

15. To whom has this loss been reported?

_____ County Attorney (Name) _______________________________________

_____ District Attorney (Name) ________________________________________

_____ Disciplinary Administrator

_____ Other (Please identify by name & position)

______________________________________________________________________

16. Are there any sources from which this loss, or any part of it, can be reimbursed, such as insurance,

fidelity, or surety agreement?

Yes _____ No _____ Don’t Know _____ If “yes,” describe the source.

___________________________________________________________________________________

___________________________________________________________________________________

________________________________________________________________________________

17. Have you asked the lawyer for a refund of your money? Yes _____ No ______

If “yes,” please provide the date of your request and response of lawyer. (Attach copies of any

correspondence.)

___________________________________________________________________________________

________________________________________________________________________________

18. Describe any other steps you have taken to recover this loss from the lawyer or any other source.

___________________________________________________________________________________

___________________________________________________________________________________

(Rev. 02/01/2018) Page 5

19. Have you filed a civil or criminal action against the lawyer, arising out of the facts set out in this

claim form?

Yes _____ No _____ If “yes,” please explain.

___________________________________________________________________________________

___________________________________________________________________________________

20. Have you applied or do you intend to apply to a Client Protection Fund from another state or any

other state agency for reimbursement of this loss?

Yes _____ No _____

If “yes,” provide the name and address of the fund and a copy of your application.

Name of Fund:

Address of Fund:

IMPORTANT NOTICE TO CLAIMANT:

The Kansas Lawyers’ Fund for Client Protection has no legal responsibility for the acts of individual

lawyers. The Fund is a lawyer-financed public service, and the payment of reimbursement is a matter

of grace and discretion by the Commission. The maximum limit per claim is $125,000, with an aggregate

limit of $350,000 for claims against one lawyer. The claim shall be filed no later than one year after the

claimant knew or should have known of the dishonest conduct of the lawyer.

As used in Rule 227 of the Rules Relating to the Lawyers’ Fund for Client Protection “dishonest

conduct” means any of the following:

1. Acts committed by a lawyer in the wrongful taking or conversion of money, property, or

other things of value;

2. Refusal to refund earned fees received in advance where the lawyer performed no services

or such an insignificant portion of the services that the refusal to refund the earned fees

constitutes a wrongful taking or conversion of money;

3. The borrowing of money from a client without an intention to repay it or with disregard

of his or her inability or reasonably anticipated inability to repay it; or

4. A lawyer’s act of intentional dishonesty which proximately leads to the loss of money or

property.

(Rev. 02/01/2018) Page 6

AGREEMENT

By signing and submitting this Claim Form, I agree to cooperate with the Kansas Client Protection Fund

Commission in reference to this claim.

I further agree that if the Kansas Lawyers’ Fund for Client Protection (Fund) pays me for all or any portion of my

loss, then the Fund shall have the first right of recovery of any funds collected from the lawyer who caused me

loss, or from any other party, to the extent of the Fund’s payment to me plus any expenses of recovery.

I further agree that a lien shall exist in favor of the Fund for any amounts paid to me and shall attach to any money

or other property payable to me from or on behalf of the lawyer who caused my loss.

Further, if the Fund pays any portion of my loss, I assign to the Fund all my rights and remedies against the lawyer

who caused my loss, his or her legal representative or assign, or any other person or entity which might be liable

for my loss. I promise to cooperate with the Fund in any efforts undertaken to achieve reimbursement of any

amounts paid to me. I agree to report to the Fund any voluntary payment for my loss by the lawyer or any other

person. I also agree to notify the Fund and send a copy of the petition or complaint if any suit is filed to recover

my loss.

I further agree to the publication of appropriate information about the nature of the claim and the amount of

reimbursement, if reimbursement is made. I understand that my name will not be used unless I give specific

written permission.

By signing, I agree to comply with the Rules of the Kansas Supreme Court relating to the Lawyers’ Fund for

Client Protection.

True and Complete Information:

To the best of my knowledge, information and belief, the information contained in this Claim Form and any

documents is true, and I have not knowingly left out any information which might cause the Fund to deny my

claim. I understand that intentionally including false information in this claim or intentionally failing to include

information which might cause the Fund to deny my claim could cause me to be criminally prosecuted for lying

under oath.

Date: _________________________

Signature of Claimant

Signature of Co-Claimant

Title (if applicant is other than individual)

State of )

) ss.

County of )

Sworn to and subscribed before me this ____________ day of ______________________, 20 ___.

Notary Public

My Appointment Expires: ____________________

(Rev. 02/01/2018) Page 7

CLAIMANT(S) CONFIDENTIAL INFORMATION

The requirement that social security numbers be included on the Client Protection form is mandatory.

The Commission is unable to authorize payment of a claim without a social security number. The number

is used only for purposes of identification and payment. It is not a public record.

Claimant:

Social Security # Date of Birth:

Occupation:

Employer:

Co-Claimant:

Social Security # Date of Birth:

Occupation:

Employer:

How did you learn about the Client Protection Fund?

NOTE: You do not need a lawyer’s assistance to file this claim. If a lawyer does assist you in filing this

claim, please note that Rule 19 of the rules relating to this Commission states that it is intended lawyers

will “provide assistance as a public service.”

If a lawyer is assisting you with this application, provide his/her name and address below:

Name:

Address:

RETURN COMPLETED FORM AND DOCUMENTATION TO: Kansas Lawyers’ Fund for Client Protection, 301 SW 10th Avenue, Room 117, Topeka, KS 66612-1507

1 (2018)

Rule 227

RULES RELATING TO

THE LAWYERS' FUND FOR CLIENT PROTECTION

RULE 1. PURPOSE AND SCOPE

A. The purpose of the Lawyers' Fund for Client Protection (LFCP or the Fund) is to

promote public confidence in the administration of justice and the integrity of the legal

profession by reimbursing losses to clients caused by the dishonest conduct of lawyers admitted

and licensed to practice law in the courts of this State, occurring in the course of a lawyer-client

relationship between the lawyer and the claimant.

B. The Kansas Supreme Court, in the exercise of its inherent power to oversee the

administration of justice and to regulate the practice of law and the attorneys at law in this State

in the exercise of their professional responsibility, finds the need to participate in collective

efforts of the bar to reimburse and to protect, insofar as reasonably possible, those persons who

may be injured by the dishonest conduct of lawyers. Therefore, the Supreme Court adopts this

Rule for such purpose.

C. The Fund is not a guarantor of honesty in the practice of law. Dishonest conduct by a

member of the bar imposes no separate legal obligation on the profession collectively, or on the

Fund, to compensate for the lawyer's misconduct. The Fund is a lawyer-financed public service,

and the payment of reimbursement is a matter of grace and discretion by the Commission.

D. Losses caused by the dishonest conduct of lawyers serving as fiduciaries, in other

than lawyer-client relationships, are not reimbursable.

RULE 2. ESTABLISHMENT

A. There is established the Lawyers' Fund for Client Protection.

B. There is established, under the supervision of the Kansas Supreme Court, the Client

Protection Fund Commission, which may award payments to qualified claimants and authorize

disbursements from the Fund under these Rules.

C. These Rules shall be effective for claims arising out of conduct occurring on or after

July 1, 1993.

D. The Chief Justice shall have authority to contract on behalf of the Commission for the

investment of moneys with the pooled money investment board under K.S.A. 75-4221a prior to

the organizational meeting of the Commission.

2 (2018)

RULE 3. FUNDING

A. The Supreme Court may provide for funding by the lawyers of the State through

annual assessments on active Kansas lawyers and from transfers of moneys from the bar

discipline fee fund.

The Fund shall not be a part of the state treasury. Any money recovered by the

Commission shall be redeposited into the Fund.

B. Any lawyer whose actions have caused payment of funds to a claimant from the Fund

shall make restitution or be subject to an action for restitution to the Fund for all moneys paid out

as a result of his or her conduct with interest at the prejudgment rate under K.S.A. 16-201, in

addition to payment of the procedural costs of processing the claim, including any attorney fees.

RULE 4. FUNDS AND DISBURSEMENTS

All moneys or other assets of the Fund shall be held in the name of the Fund. All

disbursements and expenditures shall be made upon warrants of the Director of Accounts and

Reports issued pursuant to vouchers prepared by the Commission and approved by the Chief

Justice of the Supreme Court or by a person or persons designated by the Chief Justice.

RULE 5. COMPOSITION AND OFFICERS OF THE COMMISSION

A. The Commission shall comprise four active lawyers registered under Supreme Court

Rule 208; one active or retired district judge, Court of Appeals judge, or Supreme Court justice;

and two nonlawyers appointed by the Supreme Court for initial terms as follows:

(1) two lawyers for one year;

(2) one nonlawyer for two years;

(3) one judge or justice and one lawyer for two years;

(4) one nonlawyer for three years; and

(5) one lawyer for three years.

Subsequent appointments shall be for a term of three years. Any vacancy occurring on the

Commission shall be filled by the Supreme Court. A person appointed to fill a vacancy on the

Commission shall be appointed to serve the unexpired term of the previous member. No

member shall serve more than two consecutive three-year terms, except that any person initially

appointed for less than three years may serve two consecutive three-year terms thereafter.

The Supreme Court may appoint a temporary Commissioner or Commissioners upon the

request of the Commission.

B. Commission members shall serve without compensation but shall be reimbursed for

their actual and necessary expenses incurred in the discharge of their duties.

3 (2018)

C. The Commission shall elect a chair and vice-chair, each of whom shall serve for a

term of one year and until a successor is elected. The vice-chair shall perform all of the duties

and exercise the authority of chair, in the chair's absence.

D. The Clerk of the Appellate Courts shall serve as secretary of the Commission. The

Clerk shall not be a member of the Commission but shall act as the custodian of the official files

and records of the Commission and perform such other ministerial functions as the Commission

shall direct. All papers and pleadings shall be filed with the secretary of the Commission.

RULE 6. COMMISSION MEETINGS

A. The Commission shall meet as frequently and in a manner agreed by the Commission

as necessary to conduct the business of the Fund and to timely process claims.

B. A quorum for any meeting of the Commission shall be four members of the

Commission.

C. Minutes of meetings shall be taken and maintained by the secretary.

RULE 7. DUTIES AND RESPONSIBILITIES OF THE COMMISSION

The Commission shall have the following duties and responsibilities:

A. to receive, investigate, evaluate, and pay or deny such claims, or portions thereof, as

the Commission deems appropriate;

B. to promulgate rules of procedure not inconsistent with these Rules;

C. to contract with the pooled money investment board established under K.S.A.

75-4221a for investment of Fund moneys. All moneys received as interest earned by the

investment of Fund moneys by the pooled money investment board shall be credited to the Fund.

The Commission's status to contract and authority for such contract is established by this

Supreme Court Rule.

All moneys transferred from the K.S.A. 20-1a01 bar discipline fee fund under Kansas

Supreme Court Rule 227 shall be credited to the Fund, which has been created by Kansas

Supreme Court Rule 227.

The Commission shall advise and consult with the pooled money investment board as to

appropriate general investment objectives and cash flow needs of the Fund. Any return on

investment is to be compatible with the Fund's responsibility to consider and pay, in full or in

part, legitimate claims as determined within the sole discretion of the Commission;

D. to provide a full report at least annually to the Supreme Court and to make other

reports as necessary;

E. to publicize its activities to the public and the bar;

F. to retain and compensate legal counsel to make or supervise the making of an

investigation and the gathering of evidence and to present evidence to the Commission, and to

take any other legal action necessary to effectuate the purpose of the Fund;

4 (2018)

G. to prosecute claims for restitution to which the Fund is entitled;

H. to participate in studies and programs for client protection and prevention of

dishonest conduct by lawyers; and

I. to perform all other acts necessary or proper for the fulfillment of the purposes of the

Fund and its effective administration.

RULE 8. CONFLICT OF INTEREST

A. A Commissioner 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 determination of a claim involving that claimant or lawyer.

B. A Commissioner with a past or present relationship, other than as provided in section

A of this rule, with a claimant or the lawyer whose alleged conduct is the subject of the claim,

shall disclose such relationship to the Commission and, if the Commission deems appropriate,

that Commissioner shall not participate in any proceeding relating to such claim.

RULE 9. IMMUNITY

Members of the Commission, the commission secretary, commission counsel,

commission staff, claimants, and lawyers who assist claimants shall be entitled to judicial

immunity from civil liability for all acts in the course of their official duties.

RULE 10. REIMBURSEMENT FROM FUND IS A MATTER OF GRACE

No person shall have the legal right to reimbursement from the Fund whether as claimant,

third-party beneficiary, or otherwise.

RULE 11. ELIGIBLE CLAIMS

A. The loss must be caused by the dishonest conduct of an active member of the bar of

this State and shall have arisen in the course of a lawyer-client relationship between the lawyer

and the claimant and by reason of that relationship.

B. The claim shall have been filed no later than one year after the claimant knew or

should have known of the dishonest conduct of the lawyer.

C. As used in these Rules, "dishonest conduct" means any of the following:

(1) acts committed by a lawyer in the wrongful taking or conversion of money,

property, or other things of value;

(2) refusal to refund unearned fees received in advance where the lawyer

performed no services or such an insignificant portion of the service that the

refusal to refund the unearned fees constitutes a wrongful taking or conversion of

money;

5 (2018)

(3) the borrowing of money from a client without an intention to repay it or with

disregard of his or her inability or reasonably anticipated inability to repay it; or

(4) a lawyer's act of intentional dishonesty which proximately leads to the loss of

money or property.

D. Except as provided by section E of this Rule, the following losses and damages shall

not be reimbursable:

(1) losses incurred by spouses, children, parents, grandparents, siblings, partners,

associates, and employees of lawyer(s) causing the losses;

(2) losses covered by any bond, surety agreement, or insurance contract to the

extent covered thereby, including any loss to which any bonding agent, surety, or

insurer is subrogated, to the extent of that subrogated interest;

(3) losses incurred by any business entity controlled by the lawyer or any person

or entity described in section D (1);

(4) losses incurred by any governmental entity or agency; and

(5) interest and other incidental and out-of-pocket expenses.

E. In cases of extreme hardship or special and unusual circumstances, the Commission

may, in its discretion, recognize a claim arising out of conduct occurring on or after July 1, 1993,

which would otherwise be excluded under these Rules.

RULE 12. PROCEDURES AND RESPONSIBILITIES FOR FILING A CLAIM

A. The Commission shall prepare and approve a form of claim for reimbursement.

B. The form shall require at least the following information provided by the claimant

under penalty of perjury:

(1) the name and address of claimant, home and business telephone, occupation

and employer, and social security number or federal tax identification number;

(2) the name, address, and telephone number of the lawyer alleged to have

dishonestly taken the claimant's money or property, and any family or business

relationship of the claimant to the lawyer;

(3) the legal or other fiduciary services the lawyer was to perform for the

claimant;

(4) the amount paid to the lawyer;

(5) a copy of any written agreement pertaining to the claim;

(6) the form of the claimant's loss (e.g., money, securities, or other property);

(7) the amount of loss and the date when the loss occurred;

6 (2018)

(8) the date when the claimant discovered the loss and how the claimant

discovered the loss;

(9) a description of the lawyer's dishonest conduct and the names and addresses

of any persons who have knowledge of the loss;

(10) the name of the person, if any, to whom the loss has been reported (e.g.,

district attorney, police, disciplinary agency, or other person or entity) and a copy

of any complaint and description of any action that was taken;

(11) the source, if any, from which the loss can be reimbursed including any

insurance, fidelity, or surety agreement;

(12) a description of any steps taken to recover the loss directly from the lawyer

or any other source;

(13) the circumstances under which the claimant has been, or will be, reimbursed

for any part of the claim (including the amount received, or to be received, and

the source) along with a statement that the claimant agrees to notify the

Commission of any reimbursements claimant receives during the pendency of the

claim;

(14) any other facts believed to be important to the Commission's consideration

of the claim;

(15) the manner in which the claimant learned about the Fund;

(16) the name, address, and telephone number of the claimant's present lawyer, if

any;

(17) a statement that the claimant agrees to cooperate with the Commission in

reference to the claim or as required by Rule 16 in reference to civil actions which

may be brought in the name of the Commission pursuant to a subrogation and

assignment clause which shall also be contained within the claim;

(18) the name and address of any other state's Fund to which the claimant has

applied or intends to apply for reimbursement, together with a copy of the

application; and

(19) a statement that the claimant agrees to the publication of appropriate

information about the nature of the claim and the amount of reimbursement if

reimbursement is made.

C. The claimant shall have the responsibility to complete the claim form and provide

satisfactory evidence of a reimbursable loss.

D. The claim shall be submitted to the Commission by filing the claim form with the

Clerk of the Appellate Courts, 301 S.W. 10th Avenue, Topeka, Kansas 66612-1507.

E. As a condition precedent to the filing of a claim, the claimant must report the

dishonest conduct to a county or district attorney or to the Disciplinary Administrator.

7 (2018)

RULE 13. PROCESSING CLAIMS

A. When a claim is filed, the accused lawyer shall forthwith be notified and given an

opportunity to respond to the claim. A copy of the claim shall be mailed by certified mail return

receipt requested to the lawyer's last registered address (Rule 208), and the lawyer shall have 20

days from the date of the mailing in which to respond. A response is not required from the

lawyer.

B. Whenever it appears that a claim is not eligible for reimbursement pursuant to these

Rules, the claimant and lawyer shall be advised of the reasons that the claim is not eligible for

reimbursement and that, unless additional facts to support eligibility are submitted to the

Commission within 30 days, the claim will be dismissed.

C. A copy of an order disciplining a lawyer for the same act or conduct alleged in a

claim, or a final judgment imposing civil or criminal liability therefor, shall be evidence that the

lawyer committed such act or conduct.

D. The Office of the Disciplinary Administrator shall be promptly notified of the claim

and requested to furnish a report of its investigation on the matter to the Commission.

E. Upon receipt of the report of investigation of the Disciplinary Administrator, the

Commission shall evaluate whether the investigation is complete and determine whether the

Commission should conduct additional investigation or await the pendency of any disciplinary

investigation or proceeding involving the same act or conduct that is alleged in the claim.

F. The Commission may conduct its own investigation or may request the Disciplinary

Administrator to investigate and verify any claim not previously investigated by the Disciplinary

Administrator.

G. The Commission may request that testimony or evidence be presented to complete the

record. Upon request, the claimant or lawyer, or their personal representatives, shall be given an

opportunity to be heard. The chairman, secretary, or any member of the Commission, acting

under these Rules, may administer oaths and affirmations and compel by subpoena the

attendance of witnesses and the production of pertinent books, papers, and documents. All

subpoenas in connection with proceedings hereunder shall be issued by and returned to the

secretary of the Commission. A judge of the district court of any judicial district in which the

attendance or production is required shall, upon proper application, enforce the attendance and

testimony of any witness and the production of any documents subpoenaed. Subpoena and

witness fees and mileage shall be the same as in the district court.

H. The Commission may make a finding of dishonest conduct for purposes of

determining a claim. Such a determination is not a finding of dishonest conduct for purposes of

disciplinary proceedings or for civil or criminal judgments and is inadmissible in any other

proceeding.

I. 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 Commission's

determination and the reasons therefor. The approval or denial of the claim shall require the

affirmative votes of at least four Commissioners.

8 (2018)

J. Any proceeding upon a claim need not be conducted according to technical rules

relating to evidence, procedure, and witnesses. Any relevant evidence shall be admitted if it is

the sort of evidence on which responsible persons are accustomed to rely in the conduct of

serious affairs, regardless of the existence of any common-law or statutory rule which might

make improper the admission of such evidence upon objection in court proceedings. The

claimant shall have the duty to supply relevant evidence to support the claim.

K. The Commission shall determine the order and manner of payment and pay all

approved claims.

RULE 14. PAYMENT OF REIMBURSEMENT

A. The Commission is vested with the power, which it shall exercise in its sole

discretion, to determine whether a claim merits reimbursement from the Fund and, if so, the

amount of such reimbursement, not to exceed $125,000 for any claimant, with an aggregate limit

of $350,000 for claims against any one lawyer; the time, place, and manner of its payment; the

conditions upon which payment shall be made; and the order in which payment shall be made.

In making such determinations the Commission may consider, together with such other factors as

it deems appropriate, the following:

(1) the amounts available and likely to become available to the Fund for payment

of claims;

(2) the size and number of claims which are likely to be presented in the future;

(3) the total amount of losses caused by the dishonest conduct of any one lawyer

or associated groups of lawyers;

(4) the unreimbursed amounts of claims recognized by the Commission in the

past as meriting reimbursement, but for which reimbursement has not been made

in the total amount of the loss sustained;

(5) the amount of the claimant's loss as compared with the amount of the losses

sustained by others who may merit reimbursement from the Fund;

(6) the degree of hardship the claimant has suffered by the loss; and

(7) any conduct of the claimant which may have contributed to the loss.

B. If a claimant is a minor or an incompetent, the reimbursement may be paid to any

person or entity for the benefit of the claimant.

[History: Am. effective December 1, 1999; Am. effective December 2, 2002; Am. effective

February 13, 2008; Am. effective April 30, 2012.]

RULE 15. RECONSIDERATION

The claimant may request reconsideration within 30 days of the denial or the

determination of the amount of reimbursement of a claim. If the claimant fails to make a request

or the request is denied, the decision of the Commission is final.

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RULE 16. RESTITUTION AND SUBROGATION

A. A lawyer whose dishonest conduct results in reimbursement to a claimant may be

liable to the Fund in an action for restitution. The Commission may bring such action as it

deems advisable to determine and enforce its rights to restitution and as a subrogee or assignee of

the claimant's rights.

B. As a condition of reimbursement, a claimant shall be required to provide the Fund

with a transfer of the claimant's rights against the lawyer and the lawyer's legal representative,

estate, or assigns, and of the claimant's rights against any third party or entity who may be liable

for the claimant's loss, to the extent of the amount of the Fund's expenses and payments

attributable to the claim. The Commission may sue to enforce such assigned or subrogated rights

for the purposes of preserving its rights and recovering its expenses and payments to the

claimant. All other rights of the claimant arising and accruing by reason of the dishonest conduct

remain the property of the claimant.

C. Upon commencement of an action by the Commission as subrogee or assignee of a

claimant, it shall advise the claimant, who may then join in such action to recover the claimant's

unreimbursed losses.

D. In the event that the claimant commences an action to recover unreimbursed losses

against the lawyer or another entity who may be liable for the claimant's losses, the claimant

shall be required to notify the Commission of such action.

E. The claimant shall be required to agree to cooperate in all efforts that the Commission

undertakes to achieve restitution for the Fund.

RULE 17. JUDICIAL RELIEF

A. When a claim has been filed as provided herein, the Commission may make

application to the appropriate lower court for relief to protect the interests of the claimant or the

Fund where the assets of the claimant appear to be in danger of misappropriation or loss, or to

secure the claimant's or Fund's right to restitution or subrogation.

B. A court's jurisdiction in such proceedings shall include the authority to appoint and

compensate custodial receivers to conserve the assets and practices of missing, incapacitated, and

deceased lawyers.

RULE 18. CONFIDENTIALITY

A. Applications, proceedings, and reports involving applications for reimbursement are

confidential until the Commission authorizes reimbursement to the claimant, except as provided

below. Any person violating this rule of confidentiality may be subject to punishment for

contempt of the Supreme Court.

B. The rule of confidentiality shall not apply to the claimant or respondent or to any

information which the Commission considers to be relevant to any current or future criminal

prosecution against the lawyer.

10 (2018)

C. The Commission is authorized, in its discretion, to disclose to the Supreme Court

Nominating Commission, the District Judicial Nominating Commissions, the Commission on

Judicial Qualifications, or the Governor all or any part of the file involving any judge or

prospective nominee for judicial appointment; and to make public all or any part of its files

involving any candidate for election to or retention in public office.

D. The Commission in its discretion is authorized to disclose relevant information and to

submit all or any part of its files to the Disciplinary Administrator for use and consideration in

investigating or prosecuting alleged violations of the Supreme Court Rules Relating to Discipline

of Attorneys.

E. Both the claimant and the lawyer shall be advised of the status of the Commission's

consideration of the claim and shall be informed of the final determination. After payment of

reimbursement, the Commission may publicize the nature of the claim, the amount of

reimbursement, and the name of the lawyer. The name and the address of the claimant shall not

be publicized by the Commission unless specific written permission has been granted by the

claimant.

[History: Am. E. effective June 25, 2010.]

RULE 19. COMPENSATION FOR REPRESENTING CLAIMANT

It is not intended that the client's application for reimbursement will be an adversarial

process and for that reason, generally, counsel for the client will not be needed. If a client needs

a lawyer, it is intended that lawyers will recognize this responsibility and provide assistance as a

public service. It is also intended that all members of the Kansas Bar will cooperate in providing

any services that applicants may need.

RULE 20. CITATION OF THE RULE

The Rules herein adopted may be referred to and cited as LFCP Rule 1.A., etc.

[History: New Rule effective March 30, 1993.]