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CO · rules

C.R.C.P. 252.10

Eligible Claims

activein force · 2023-09-01 – presentact-effective-date

(a) A Request for Claim will be eligible for review on the merits by the Board only

after it meets the following eligibility criteria:

(1) the Request for Claim must allege a pecuniary loss arising out of and by reason of

an attorney-client relationship or a court-appointed fiduciary relationship between the

Respondent Attorney and the Claimant;

(2) the pecuniary loss alleged in the Request for Claim must be caused by:

(a) the dishonest conduct of the Respondent Attorney; or

(b) due to the death or disability of the Respondent Attorney; or

(c) due to the Respondent Attorney’s inability to respond, and there is insufficient

evidence to substantiate the work done by the Respondent Attorney;

(3) the Request for Claim must be filed no later than three years after the Claimant

knew or should have known of the conduct of the Respondent Attorney;

(4) the Request for Claim cannot be the result of circumstances that are excluded for

review under subsection (b) of these rules.

(b) Except as provided by section (c) of this rule, the following Requests for Claim

will not be eligible:

(1) A Request for Claim where the Claimant is the spouse, child, parent, grandparent,

sibling, law or business partner, or employee of the Respondent Attorney causing the

pecuniary loss;

(2) A Request for Claim where the pecuniary loss to the Claimant is covered by any

bond, surety agreement, or qualifying insurance policy, including any loss to which any

bonding agent, surety or insurer is subrogated, to the extent of that subrogated interest;

(3) A Request for Claim where the pecuniary loss is incurred by any financial

institution which are recoverable under a ‘‘banker’s blanket bond’’ or similar commonly

available insurance or surety contract, whether or not subrogated;

(4) A Request for Claim where the pecuniary loss is incurred by any business entity

controlled by the Respondent Attorney, whether or not subrogated;

(5) A Request for Claim where the pecuniary loss is incurred by any governmental

entity or agency, whether or not subrogated;

(6) A Request for Claim where the pecuniary loss is arising from the activities of an

attorney not practicing in Colorado or whose dishonest conduct does not have substantial

contacts with Colorado; or

(7) A Request for Claim where the pecuniary loss is the interest on the loss, deprivation of use of funds or property, opportunity costs, or any other type of consequential

damages or punitive damages or costs.

(c) In cases of extreme hardship or special and unusual circumstances, the Board may,

in its sole discretion, recognize a Claim that would otherwise be excluded under these

rules.

(d) In cases in which it appears that there will be unjust enrichment or multiple

recovery or the Claimant contributed or participated in the loss or dishonest conduct, the

Board may, in its sole discretion, deny the Claim.

History

Source: Added and adopted June 25, 1998, effective January 1, 1999; (a), (e), and (f) amended and effective October 4, 2018; entire rule amended and adopted June 15, 2023, effective September 1, 2023 (Rule Change 2023(11)).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
a61a0efbd122bb3910e49e6e57a114af0b5d15ef47233a37ccda92c36295d7ab
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C.R.C.P. 252.10 — Eligible Claims · binding.law