Subrogation

A. If reimbursement is made, the Fund shall be subrogated in the amount of the reimbursement and the Committee may bring such action as is deemed advisable against the lawyer or the lawyer's estate. Such action may be brought either in the name of the applicant or in the name of the Committee. Prior to payment of the claim the applicant shall be required to execute a subrogation agreement. Upon commencement of an action by the Committee, pursuant to its subrogation rights, it shall advise the applicant, who may then join in such action to recover losses in excess of the amount of the reimbursement from the Fund. B. Should the applicant bring an action for recovery of unreimbursed losses directly against the lawyer, or the lawyer's estate, the applicant shall notify the Committee of such action. C. The applicant is expected to cooperate in any effort the Committee undertakes to achieve reimbursement for the Fund. [Amended eff. 1-14-2011.] Note from the reporter of decisions: The order amending the Alabama State Bar Client Security Fund Rules, effective January 14, 2011, is published in that volume of the Alabama Reporter that contains Alabama cases from So. 3d.