- Funds cover: theft, conversion, embezzlement, or misappropriation of client funds or property by an attorney acting in a fiduciary or attorney-client capacity. Trust-account (IOLTA) defalcation is the classic case.
- Funds do NOT cover: malpractice, missed deadlines, lost cases, fee disputes, disagreement with strategy, lack of communication, ineffective representation, or general bad lawyering. Those are different remedies (malpractice action, fee disgorgement, refund demand, bar complaint).
- Most funds require: the attorney has been disbarred, suspended, disciplined, deceased, or declared mentally incapacitated, AND a state-bar disciplinary complaint has been filed (or is contemporaneously filed).
- Funds are slow: 12-24 months from filing to decision is typical. Some states are longer.
- Per-claim caps apply ($25,000 to $500,000+ depending on state). Funds are reimbursement of last resort - they pay only after collection efforts against the attorney are exhausted or proven futile.
- Most claims are denied. The bar for evidence of dishonest conduct is high. If the conduct is more accurately described as negligence, incompetence, or fee dispute, this is the wrong tool.
1. Threshold Eligibility
If your answer is malpractice or fee dispute, this is the wrong tool. See cross-links at bottom for refund-demand-generator and fee-disgorgement pages.
Most state Funds require a disciplinary referral as a prerequisite. If "not yet," strongly consider using the bar complaint generator first.
Most Funds require disbarment, suspension, or comparable status. "None of the above" usually means the claim is premature - file the bar complaint first and let discipline run.
2. Your Information
3. Respondent Attorney
Drives the Fund routing and addressing. File in the state where the attorney is licensed, not where you live (if different).
One attorney per claim. File separate claims if more than one attorney is implicated.
4. Theft / Conversion Category
Select each category that fits the dishonest conduct. At least one must be selected for a Fund claim to be coherent.
Funds require the conduct to be dishonest, not merely negligent. "I lost my case" or "the attorney didn't return calls" is not enough.
5. Loss Information
Principal only. Do not include interest, attorneys' fees, or consequential damages - most Funds will not reimburse those.
Funds typically deduct any recovery and are payer of last resort.
Many Funds have a filing deadline measured from discovery (often 1-3 years). Confirm your state's deadline on the Fund's website.
6. Matter Information (if applicable)
Optional. Many Fund claims arise from non-court matters (real estate closings, settlements, fee retainers). Leave blank if no court matter.
7. Disciplinary / Collection Status
Most Funds will not advance a claim without a disciplinary referral. State the office, date filed, and any complaint number you have.
Funds are reimbursement of last resort. Document the steps you took to recover from the attorney directly, or explain why such steps would be futile (disbarred, deceased, judgment-proof).
8. Factual Narrative
This is the heart of the claim. Stick to documented facts. The Fund will cross-check every assertion against your evidence and the disciplinary record.
9. Evidence / Attachments
Funds require documentary proof of (a) the attorney-client relationship, (b) the funds entrusted, (c) the failure to remit, and (d) the disciplinary referral. Attach copies, not originals.
- Written engagement agreement or fee receipt establishing attorney-client relationship
- Documentary proof of funds entrusted (settlement check, retainer wire, deposit slip)
- Bank records showing the attorney's deposit and subsequent dissipation
- Disciplinary order, complaint, or referral letter
- Demand letter to the attorney showing collection efforts
- Court judgment or restitution order, if any
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Related OBP Tools
- RequiredBar complaint generator (prerequisite for most Fund claims)
- RoadmapFull accountability roadmap (where this fits)
- Fee disputeFee disgorgement (different remedy)
- RefundRefund-demand generator (unearned-fee claims)
- Stage 1Preservation letter generator
- Stage 2Demand letter generator
- Stage 3Client file framework (Rule 1.16(d))
- Stage 4BBB complaint generator
- DoctrineBar complaints doctrine page