Alaska Bar. R. 55

As amended through November 12, 2024
Rule 55 - Assignment of Applicant's Rights and Subrogation

Payments on approved applications shall be made from the Fund only upon condition that the Alaska Bar Association receives, in consideration for any payment from the Fund, a pro tanto assignment from the applicant of the applicant's right against the lawyer involved, or the lawyer's personal representative, estate or assigns. The collection of the aforementioned assignments shall be handled by the Executive Director of the Alaska Bar Association or a staff attorney thereof, under the supervision of the Board of Governors or in such other manner as may from time to time be directed by the Board of Governors. In order to effect collection of said assignment, the Executive Director or other attorney prosecuting the collection, may disclose such information concerning the application and the consideration thereof by the Alaska Bar Association as in the Executive Director's discretion is necessary; provided, however, that without prior approval of the Board of Governors, the Executive Director shall not disclose information which refers to the existence of any non-public disciplinary matter or proceeding. Upon commencement of an action by the Alaska Bar Association, pursuant to its subrogation rights, it shall give written notice thereof to the reimbursed applicant at the applicant's last known address. The reimbursed applicant may then join in such action to press a claim for the applicant's loss in excess of the amount of the above reimbursement, but any recovery shall first be applied to offset the reimbursement.

Alaska Bar. R. 55

Added by SCO 214 effective 1/1/1976; amended by SCO 1153 effective 7/15/1994