Okla. Bar Ass'n Clients' Sec. Fund R. II

A. Definitions. For the purpose of these rules of procedure, the following definitions shall apply:

• The “Committee” shall mean the Clients’ Security Fund Committee.

• The “Fund” shall mean the Clients’ Security Fund.

• ”Lawyers” shall include only those lawyers admitted to practice law within the State of Oklahoma, domiciled and actively practicing law within said state.

• ”Reimbursable Losses” shall include only those losses of money or other property of clients of lawyers which meet the following tests:

• That the loss shall have been caused by the dishonest act of a lawyer while acting as a lawyer for the client.

• That the lawyer shall have died, shall have been adjudged mentally ill, appropriate disciplinary action has been completed, or he or she shall have resigned or permitted his or her license to practice to lapse after disciplinary proceedings shall have been commenced against the lawyer.

• That the dishonest act shall have been committed within the State of Oklahoma, or as a part of a contract of employment, the major portion of which was to be performed within said State.

• The following shall be excluded from “Reimbursable Losses”:

• Losses of spouses and other close relatives, partners, servants and employees of lawyers;

• Losses the proof of which, either as to factual existence or amount, is dependent upon inventory computation or profit and loss computation.

• Losses covered by any bond, surety agreement, or insurance contract, to the extent covered thereby.

• Losses for which the client has received reimbursement from any source.

• As used in these rules “Dishonest Conduct or Acts” means any of the following:

• Wrongful acts committed by a lawyer in the nature of theft, or embezzlement of money or the wrongful taking or conversion of money, property or other things of value; or

• Refusal to refund unearned fees received in advance where the lawyer performed no services or such an insignificant portion of the service that the refusal to refund the unearned fee constitutes a wrongful taking or conversion of money.