IA · rules
Iowa Ct. R. 40.4
Subrogation for reimbursement made
In the event reimbursement is made to a person
or organization, the fund will be subrogated to the person’s or organization’s rights in said amount,
and the fund may bring such action as is deemed advisable against the lawyer, the lawyer’s assets
or estate, either in the name of the person, or in the name of the Clients’ Security Trust Fund of the
Bar of Iowa. The party receiving funds is required to execute a subrogation agreement in this regard.
Upon commencement of an action by the fund pursuant to its subrogation rights, it must advise the
reimbursed party at the party’s last-known address. The reimbursed party may then join in such action
to press a claim for any loss in excess of the amount of the above reimbursement, but the fund will
have first priority to any recovery on such suit.
History
[Amended by Court Order December 15, 1994, effective January 3, 1995; November 9, 2001, effective February 15, 2002; December 13, 2017, effective January 1, 2018]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ad5ccd302ab76caf106788770d52d999290eb37acc39d09cb009a77f96efe483
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