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Center for Professional Responsibility



Model Rules for Lawyers' Funds for Client Protection

RULE 17 JUDICIAL RELIEF

  1. The Board may make application to the appropriate court for relief to protect the interests of claimants or the Fund where:
    1. the assets of clients appear to be in danger of misappropriation or loss, or to secure the claimant's or Fund's rights to restitution or subrogation; or
    2. the lawyer disciplinary agency has failed to exercise jurisdiction.
  2. A court's jurisdiction in such proceedings shall include the authority to appoint and compensate custodial receivers to conserve the assets and practices of disciplined, missing, incapacitated and deceased lawyers.

Comment

Occasionally a situation arises in which the protection of clients and the Fund requires the appointment of a custodial receiver to wind down the practice and to preserve assets. Rule 17 makes explicit the Board’s authority to seek just such a remedy as is available under state law. It is anticipated that the Rule would be adapted to seeking equitable remedies in each jurisdiction.


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