Subrogation for reimbursement made. In the event reimbursement is made to a person

Regulations Of The Client Security Commission

Rule: 40.4

Jurisdiction: IA

Bluebook Citation: Iowa Ct. R. 40.4

or organization, the fund will be subrogated to the person’s or organization’s rights in said amount, and the fund may bring such action as is deemed advisable against the lawyer, the lawyer’s assets or estate, either in the name of the person, or in the name of the Clients’ Security Trust Fund of the Bar of Iowa. The party receiving funds is required to execute a subrogation agreement in this regard. Upon commencement of an action by the fund pursuant to its subrogation rights, it must advise the reimbursed party at the party’s last-known address. The reimbursed party may then join in such action to press a claim for any loss in excess of the amount of the above reimbursement, but the fund will have first priority to any recovery on such suit. [Amended by Court Order December 15, 1994, effective January 3, 1995; November 9, 2001, effective February 15, 2002; December 13, 2017, effective January 1, 2018]

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