—Restitution and Subrogation

(a) An attorney whose dishonest conduct results in reimbursement to a claimant shall be liable to the fund for restitution; and the client security fund committee may bring such action as it deems advisable to enforce such obligation. (b) As a condition of reimbursement, a claimant shall be required to provide the fund with a pro tanto transfer of the claimant’s rights against the attorney, the attorney’s legal representative, estate or assigns; and of the claimant’s rights against any third party or entity who may be liable for the claimant’s loss. (c) Upon commencement of an action by the client security fund committee as subrogee or assignee of a claim, it shall advise the claimant, who may then join in such action to recover the claimant’s unreimbursed losses. (d) In the event that the claimant commences an action to recover unreimbursed losses against the attorney or another entity who may be liable for the claimant’s loss, the claimant shall be required to notify the client security fund commit- tee of such action. (e) The claimant shall be required to agree to cooperate in all efforts that the client security fund committee undertakes to achieve restitution for the fund. (Adopted June 29, 1998, to take effect Jan. 1, 1999.)