In re: Amendments to the Lawyers' Fund for Client Protection of the South Carolina Bar Rules of Procedure
H. TOAL C.J.
accordance with Rule 411(c)(2), South Carolina Appellate
Court Rules, the South Carolina Bar has proposed a number of
amendments to the Lawyers' Fund for Client Protection of
the South Carolina Bar Rules of Procedure. The amendments
seek to expedite claims by providing specific deadlines for
processing claims. The amendments also include a new section
governing confidentiality of applications, proceedings, and
grant the Bar's petition to amend the Lawyers' Fund
for Client Protection of the South Carolina Bar Rules of
Procedure, as set forth in the attachment to this Order.
These amendments shall be effective immediately.
H. Waller, Jr. J., Costa M. Pleicones J., Donald W. Beatty
J., John W. Kittredge J.
FUND FOR CLIENT PROTECTION OF THE SOUTH CAROLINA BAR RULES OF
II. APPLICATION FOR REIMBURSEMENT
the lawyer is a member in good standing of the South Carolina
Bar, the applicant's cooperation in grievance proceedings
against such lawyer shall be a prerequisite to the granting
of relief to such applicant from the Fund. The Committee may
require that a claimant prosecute or cooperate in appropriate
civil proceedings against the accused lawyer as a
prerequisite to the granting of relief to such applicant from
III. PROCESSING APPLICATION
Committee shall cause reasonable investigation of any
applications coming to its attention, either by applications
for reimbursement or by certification from the Commission on
Lawyer Conduct, its agents, or the Board of Governors of the
South Carolina Bar.
Chair of the Committee shall cause each such application to
be sent to a member of the Committee or other member of the
South Carolina Bar for investigation and report. A copy of
the application shall be served upon or sent by registered
mail to the last known address of the lawyer who it is
claimed committed the dishonest act. Whenever possible, the
application will be referred to a member of the Committee or
member of the South Carolina Bar who practices in the
Judicial Circuit wherein the alleged defalcating lawyer
When, in the opinion of the member to whom application has
been referred, the application is clearly not for a
reimbursable loss, no further investigation need be
conducted. A report with respect to such application shall be
made as hereinafter specified by the member to whom the
application was referred.
member to whom a report is referred for investigation shall
conduct such investigation in such manner as deemed necessary
and desirable to determine whether the application is for a
reimbursable loss and to guide the Committee in determining
the extent, if any, to which the application shall be paid
from the Fund.
information obtained by the member from the files of the
Commission on Lawyer Conduct shall be used solely by or for
the Lawyers' Fund for Client Protection Committee; ...