Report on the Colorado Attorneys' Fund for Client Protection
| Publication year | 2002 |
| Pages | 29 |
| Citation | Vol. 31 No. 2 Pg. 29 |
2002, March, Pg. 29. Report on the Colorado Attorneys' Fund for Client Protection
Vol. 31, No. 2, Pg. 29
The Colorado Lawyer
March 2002
Vol. 31, No. 3 [Page 29]
March 2002
Vol. 31, No. 3 [Page 29]
Features
Report on the Colorado Attorneys' Fund for Client
Protection
by John S. Gleason
by John S. Gleason
Under the supervision of the Colorado Supreme Court and its
Board of Trustees, the Colorado Attorneys' Fund for
Client Protection ("Fund") has paid claims totaling
$122,081.28.1 The Fund is supported entirely by an $18 annual
assessment on each active Colorado attorney's
registration fee. The Fund considers claims alleging
dishonest conduct by an attorney filed with and investigated
by the Supreme Court Office of Attorney Regulation.2 Eligible
claims must be caused by the dishonest conduct of an attorney
and must arise out of and by reason of an attorney-client
relationship or a court-appointed fiduciary relationship
between the attorney and the claimant.3
Background
The Supreme Court established the Fund effective January 1
1999. Since 1999, the Fund's Board of Trustees has
considered 78 claims against 25 Colorado attorneys.4 The
Trustees authorized payment of $122,081.28 in claims that
sought total reimbursement of $321,639.86
The attorneys against whom claims were paid practiced in
various areas of the law. Although claims arose in the areas
of criminal law, probate/conservatorship, real property, and
collections, over 80 percent of the claims arose in the
general civil practice. A typical claim involves an attorney
who accepts an advanced fee from a client, abandons the
client, and misrepresents the status of the case to the
client
Many losses are not covered by the Fund. Examples of
uncovered losses are losses incurred by spouses, children,
parties, or associates of attorneys causing the losses;
losses incurred by any business entity; and losses incurred
by a governmental entity. In cases of extreme hardship or
special circumstances, the Board of Trustees may, at its
discretion, recognize a claim that otherwise would be
excluded under Rule 252.10(e).
The Office of Attorney Regulation conducts an investigation
of the claims and provides a report and recommendation for
the Trustees' consideration. Claims must be filed within
three years after the claimant knew or should have known of
the dishonest conduct of the attorney. Pursuant to guidelines...
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