RESTITUTION AND SUBROGATION

(a) Action by the Board. The Board of Trustees may bring such action as it deems advisable for restitution, including therein costs of such action arising out of the dishonest conduct of a lawyer that has resulted in reimbursement to a claimant. (b) Transfer of Claimant’s Rights. As a condition of reimbursement, a claimant shall be required to provide the Fund with a transfer, to the extent of the reimbursement, of the claimant’s rights against the lawyer, the lawyer’s legal representative, estate or assigns; and of the claimant’s rights against any third party or entity who may be liable for the claimants loss. (c) Joinder of Claimant. Upon commencement of an action by the Board of Trustees as subrogee or assignee of a claim, it shall advise the claimant, who may then join in such action to recover the claimants unreimbursed losses; provided that all sums recovered will be payable first to the Fund up to the amount of reimbursement. The lawyer representing the Fund or the claimant shall be entitled to a reasonable fee for services as a charge against any funds recovered. (d) Notification by Claimant. In the event that the claimant commences an action to recover unreimbursed losses against the lawyer or another entity who may be liable for the claimant’s loss, the claimant shall be required to notify the Board of Trustees of such action. (e) Cooperation by Claimant. The claimant shall be required to agree to cooperate in all efforts that the Board of Trustees undertakes to achieve restitution for the Fund.