Attorney Responsibilities

Responding to a Claim

The secretary of the Board/Fund Administrator must notify the attorney by certified mail, when possible, of the fact that a claim for reimbursement has been filed by a former client. The attorney may respond in writing within thirty (30) days after receipt of the notice. The failure to respond to a claim will not prevent or stop the claim from being processed.

Written notice will be provided to the attorney when the claim is scheduled to be reviewed by the Board of Commissioners.

The attorney will also receive written notice of the Board’s determination.

Restitution Owed to the Fund

As a condition to receiving reimbursement from the Fund, claimants are required to execute an agreement assigning to the Fund their right to payment from their attorney. In addition, all disciplinary orders entered by the Supreme Court of Ohio include an order that the respondent/attorney reimburse the Fund for any amounts awarded to former clients of the respondent/attorney.

A written demand for payment is provided to the attorney by the Fund. If no response is received, the matter is referred to the Office of the Attorney General for further action.

Lawyers Assisting Claimants

No attorney fees may be paid from reimbursement awarded to a claimant. The Board may allow an award of attorney fees up to a maximum of $500.