Alaska Bar R. 45

(a) The “Board” is the Board of Governors of the Alaska

Bar Association.

(b) The “Fund” is the Lawyers’ Fund for Client

Protection of the Alaska Bar Association.

(c) The “Committee” is the Lawyers’ Fund for Client

Protection Committee.

(d) The term “lawyer” as used in this part and the rules

contained therein means an active member of the Alaska Bar

Association domiciled in Alaska at the time of the act or

omission which is the basis of the application of the fund. The

act or omission complained of need not have taken place

within the State of Alaska in order for an application to the

fund to be made or granted.

(e) The words “dishonest conduct” or “dishonest act” as

used herein means wrongful acts committed by a lawyer in the

manner of defalcation or embezzlement of money, or the

wrongful taking or conversion of money, property or other

things of value.

(f) “Reimbursable losses” are only those losses of

money, property or other things of value which meet all of the

following tests:

(1) The loss was caused by the dishonest conduct of a

lawyer when

(i) acting as a lawyer, or

(ii) acting in a fiduciary capacity customary to the

practice of law, such as administrator, executor, trustee of an

express trust, guardian or conservator; or

(iii) acting as an escrow holder or other fiduciary, having

been designated as such by a client in the matter in which the

loss arose or having been so appointed or selected as a result of

the client-attorney relationship.

(2) The loss was that of money, property, or other things

of value which came into the hands of the lawyer by reason of

having acted in the capacity described in paragraph (f)(1) of

this rule.

(3) The dishonest conduct occurred on or after the

effective date of this part.

(4) The claim shall have been filed no later than three

years after the claimant knew or should have known of the

dishonest conduct of the lawyer.

(5) The following shall not be an applicant:

(i) The spouse or other close relative, partner, associate

or employee of the lawyer, or

(ii) An insurer, surety or bonding agency or company, or

(iii) Any business entity controlled by (1) the lawyer, (2)

any person described in paragraph (i) hereof, or (3) any entity

described either in paragraph (ii) hereof or in turn controlled

by the lawyer or a person or entity described in paragraphs (i)

or (ii) hereof, or

(iv) A governmental entity or agency, or

(v) A collection agency.

(6) The loss, or reimbursable portion thereof was not

covered by any insurance or by any fidelity or surety bond

fund, whether of the lawyer or the applicant or otherwise.

(7) Either

(i) the lawyer

(aa) has died or has been adjudicated mentally incompetent;

(bb) has been disciplined, or has voluntarily resigned from

the practice of law in Alaska;

(cc) has become a judgment debtor of the applicant or has

been adjudicated guilty of a crime which judgment or

judgments shall have been predicated upon dishonest conduct

while acting as specified in paragraph (f) (1) of this rule and

which judgment or judgments remain unsatisfied in whole or

in part; or

(ii) the Board has determined it to be an appropriate case

for consideration under these rules.

(8) Reimbursable losses do not include interest on such

losses or attorney fees incurred in attempts to recover them.

(g) “Notice” means the delivery of a written notice

personally to the addressee or by mail to the most recent

address which the addressee has provided to the Alaska Bar

Association. Written notice shall be presumed to be received

by the addressee five (5) days after the postmark date of

certified or registered mail sent to the most current address

which the addressee has provided to the Alaska Bar

Association.