Mich. Client Protection Fund Rule 10

• Service of Process. A copy of the claim shall be served in a manner set forth in Michigan Court Rules 2.103 – 2.107 for service of a civil complaint on the lawyer whose conduct is the subject of the claim, at the lawyer’s address on file with the SBM, or last known address, or on the lawyer’s representative, if known. If served by certified mail and returned “unclaimed” or “refused,” all future documents may be sent to the lawyer via first class mail or electronic means. If documents are returned as undeliverable and no forwarding address can be obtained, then the Fund is exempt from mailing a copy of the claim to the lawyer until a current address can be obtained or a final determination has been mailed to the claimant.

• Response. The lawyer or representative has 30 days to respond or, upon request, within the timeframe specified by the SBM. If the lawyer or representative does not timely respond to the notice of claim, the lawyer will not be given further opportunity to respond or otherwise defend the claim, including a request for review, unless good cause is shown.

• Attorney Grievance Commission and Attorney Discipline Board.

• The SBM will notify the Attorney Grievance Commission of the filing of a claim unless the lawyer is deceased, disbarred, or suspended for a term exceeding 179 days.

• Unless the totality of the circumstances warrants otherwise, no claim should be approved during the pendency of a disciplinary proceeding involving the same conduct alleged in the complaint.

• The SBM will promptly notify the Attorney Discipline Board of payment of any claim and request that any restitution first be made to the Fund until such time the Fund is paid in full unless the lawyer is deceased.

• Finding of Dishonest Conduct. The evidentiary standard for a finding of dishonest conduct is a preponderance of evidence.

• An order disciplining a lawyer or a final non-default judgment imposing civil or criminal liability for the dishonest act or conduct that comports with Rule7(A) is conclusive evidence that the lawyer engaged in the dishonest conduct. Conversely, a determination from a disciplinary authority or court that the lawyer did not engage in the dishonest conduct bars recovery from the Fund.

• Rules of evidence do not apply to any claim proceeding. All relevant evidence that a responsible person would rely upon in the conduct of serious affairs will be admitted.

• The claimant has the duty to provide sufficient evidence to support the claim. Evidence supporting a claim may be provided by other sources such as the Attorney Grievance Commission, law enforcement, or court proceedings.

• Expedited Proceedings. The Committee may give final approval of an award of less than $3,000 subject to the Respondent’s right to review provided below. The Committee shall submit regular reports to the Board of all awards approved by the Committee.

• Notification of Committee’s Recommendation. The claimant and the lawyer will be notified of the Committee's recommendation or decision under the expedited proceeding as soon as practicable. The notice must include the reasons for the recommendation or decision under the expedited proceeding and information regarding claimant’s and the lawyer’s respective right to request review.

• Request for Review. The claimant or respondent must submit a request for review in writing within 30 days of the notice of a recommendation or decision under the expedited proceeding denying the claim or determining the amount of a claim by the Committee. When a determination has been made by SBM staff or the Committee that a claim is not eligible for reimbursement, the claimant will be notified why the claim is not eligible for reimbursement and that unless additional facts to support eligibility are submitted to the Fund within 30 days, the file will be closed. Requests for review are subject to the following policies and procedures:

• A timely request for review of the Committee’s recommendation shall be submitted to the Board for review.

• A de novo standard of review applies to a request for review. The requestor must show by a preponderance of the evidence that the recommendation was incorrect.

• Typically, the record established for review by the Board is the sole record to be reviewed. The Board may consider newly discovered evidence that, by due diligence, could not reasonably have been discovered before the Committee made its recommendation. If the claimant or lawyer fails to make a request, the decision of the Board or Committee, in the case of expedited proceedings, concerning the claim is final.

• Notice of final determination. The claimant and the lawyer will be notified of the Board’s final determination. If the Board alters the recommendation of the Committee, the claimant and lawyer may submit a request for review in writing within 30 days of notice of the Board’s final determination. If the final determination notice to either party is returned and a forwarding address cannot be obtained from the post office, then the period to submit a request for review, if applicable, begins to run 5 days after the date on the correspondence.