Unidentifiable or Unclaimed Funds Under Professional Conduct Rule 1.15

(a) Fund remittance. A lawyer, law firm, or estate of a deceased lawyer who is required to remit unidentifiable or unclaimed funds to the Lawyers’ Fund under Rule 1.15(d)(12)(F) of the Delaware Lawyers’ Rules of Professional Conduct shall (1) complete the Unidentifiable or Unclaimed Funds Remittance Report (“Remittance Report”) available on the Lawyers’ Fund website and (2) send the Remittance Report and a check made payable to the Lawyers’ Fund for Client Protection in the amount of the unidentifiable or unclaimed funds to the address of the Lawyers’ Fund published on the website. (b) Recordkeeping. A person or entity who remits funds under Rule 9(a) shall keep a record of (1) the remittance, including the amount and date of the remittance and the Remittance Report; (2) the name and last known address of the owner of the funds, if the owner of the funds is known; (3) the date of death of a deceased owner, if the owner of the funds is known; (4) the efforts made to identify or locate the owner of the funds or a deceased owner’s heirs or personal representative; and (5) the period for which the funds were held in the lawyer’s or law firm’s trust account. If, after remitting funds under this rule, a lawyer or law firm determines both the identity and the location of the funds’ owner or the owner’s heirs or personal representative, the person shall submit a request for return of the funds as provided in Rule 8(c). (c) Request for return of funds. (1) By lawyer or law firm who remitted the funds. A lawyer or law firm who remits funds under this rule and later determines both the identity and location of the funds’ owner or the owner’s heirs or personal representatives shall request return of the funds by sending a letter to the Executive Director stating that the owner of the funds has been both identified and located and identifying both the amount of the funds remitted to the Lawyers’ Fund and the date of the remittance. If the Trustees verify that a remittance of unclaimed funds was received from the lawyer or law firm on the date specified and in at least the amount specified, the Executive Director will mail a refund check to the lawyer or law firm, who shall return the funds to the owner or the owner’s heirs or personal representative. If the remittance cannot be verified, the Executive Director will notify the lawyer in writing. (2) If a lawyer or law firm is not required to request the return of funds under this rule, the owner of the remitted funds or the owner’s heirs or personal representative may request return of the funds. The person seeking return of the funds under this subsection shall submit a request in writing to the Executive Director. The request shall identify the person requesting the return of funds, the lawyer or law firm that held the funds, the matter for which the funds were held, the amount of funds claimed, and as many additional details relating to the funds or the circumstances under which they were remitted to the Lawyers’ Fund as are available to the requestor. After reviewing the request and conducting any additional investigation that they deem appropriate, the Trustees will determine whether the funds were remitted to the Lawyers’ Fund and whether the person seeking their return is entitled to them. The Executive Director will notify the person requesting the return of funds of the Trustees’ determination, which shall be final and not subject to appeal. (3) Any funds that are returned under this rule will be in the amount of the unclaimed or unidentifiable funds remitted to the Lawyers’ Fund and will not include interest.