CT · rules
Conn. Practice Book § 2-71
Eligible Claims
(a) A claim for reimbursement of a loss must
be based upon the dishonest conduct of an attorney who, in connection with the defalcation upon
which the claim is based, was a member of the
Connecticut bar and engaged in the practice of
law in this state.
(b) The claim shall not be eligible for reimbursement unless:
(1) the attorney was acting as an attorney or
fiduciary in the matter in which the loss arose;
(2) the attorney has died, been adjudged incapable, not competent or insane, been disbarred
or suspended from the practice of law in Connecticut, been placed on probation or inactive status
by a Connecticut court, resigned from the Con -
necticut bar, or become the judgment debtor of
the claimant with respect to such claim; and
(3) the claim is presented within four years of
the time when the claimant discovered or first
reasonably should have discovered the dishonest
acts and the resulting losses or the claim was
pending before the Connecticut Bar Association’s
client security fund committee as of the effective
date of this rule.
(c) Except as provided by subsection (d) of this
section, the following losses shall not be eligible
for reimbursement:
(1) losses incurred by spouses, children, par -
ents, grandparents, siblings, partners, associates
and employees of the attorney 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 bond -
ing agent, surety or insurer is subrogated, to the
extent of that subrogated interest;
(3) losses incurred by any financial institution
which are recoverable under a ‘‘banker’s blanket
bond’’ or similar commonly available insurance or
surety contract;
(4) losses incurred by any business entity controlled by the attorney, any person or entity
described in subdivisions (c) (1), (2), or (3) herein;
(5) losses incurred by any governmental entity
or agency.
(d) In cases of extreme hardship or special and
unusual circumstances, the client security fund
committee may, in its discretion, consider a claim
eligible for reimbursement which would otherwise
be excluded under these rules.
(e) In cases where it appears that there will
be unjust enrichment, or the claimant unreason -
ably or knowingly contributed to the loss, the client security fund committee may, in its discretion,
deny the claim.
History
(Adopted June 29, 1998, to take effect Jan. 1, 1999.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
b8ca8d7444c4686764fc8a0bf47815315251e26d3ccf27a0c047f378dc5a666f
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