(1) Considerations. No claim shall be paid unless there is an affirmative vote for payment of at least 4 members of the committee. In determining payment the committee shall consider, among other appropriate factors, the following: (a) The amounts available and likely to become available to the fund for the payment of claims and the size and number of claims which are likely to be presented; (b) The amount of the claimant's loss as compared with the amount of losses sustained by other eligible claimants; (c) The degree of hardship suffered by the claimant as a result of the loss; (d) The degree of negligence, if any, of the claimant which may have contributed to the loss; (e) The existence of any collateral source for the reimbursement of the loss. (2) Limitations on payment. (a) The committee shall, by rule, fix the maximum amount which any one claimant may recover from the fund and may, by rule, fix the aggregate amount which may be recovered because of the dishonest conduct of any one attorney. (b) If the fund is not sufficient to pay all claims which the committee determines should be paid, the committee may, in its discretion, defer payment of all or any portion of one or more claims. If the full amount of the claim has not been paid within 5 years from the date the claim is made, any balance remaining unpaid shall remain unpaid and the claim shall be closed. (3) Rights to fund. No claimant or any other person or organization shall have any right in the fund as beneficiary or otherwise. All payments from the fund shall be a matter of discretion and not of right. (4) Attorney's fee. No attorney representing a claimant shall be compensated from any source for his or her services.
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