What proof of dishonest conduct is necessary?
A claimant must prove: 1) receipt by the respondent attorney of money or property belonging to the claimant; 2) conversion of the funds by the respondent; and 3) a definite loss resulting from this dishonest conduct. It is necessary to submit specific proof of payment of funds to an attorney, such as copies of front and reverse side of checks, supporting documents such as escrow agreements, settlement statements or retainer agreements. Although the Fund staff will assist in identifying proofs, the primary burden is on the claimant to demonstrate the compensability of a claim. The Fund has subpoena power for use when necessary. Respondents receive a copy of each claim including documentation provided, with an invitation to reply with proofs of their own.
