Colo. R. Civ. P. 252.7

As amended through Rule Change 2024(7), effective April 4, 2024
Rule 252.7 - Duties and Responsibilities of the Board
(a) The Board has the following duties and responsibilities:
(1) To receive, and in its sole discretion, evaluate, investigate, determine and pay Claims from the Fund unless otherwise provided for in these rules;
(2) To promulgate policy not inconsistent with these rules;
(3) In its discretion, to fix a maximum amount of payment per Claim payable from the Fund and/or of the aggregate amount which may be paid because of the dishonest conduct of any one Respondent Attorney;
(4) To solicit and receive funds from donations and other sources in addition to annual attorney registration fees;
(5) To invest such portions of the Fund as may not be needed currently to pay Claims;
(6) To provide a full report annually to the Supreme Court and to make other reports as necessary;
(7) To publicize its activities to the public and the legal community;
(8) To retain and compensate consultants, actuaries, agents, legal counsel and other persons as necessary to discharge the duties of the Board;
(9) To pursue requests for restitution to which the Fund is entitled;
(10) To engage in studies and programs for client protection and prevention of dishonest conduct by attorneys; and
(11) To perform all other acts necessary or proper for the fulfillment of the purposes and effective administration of the Fund.
(b) The Office of the Attorney Regulation Counsel of the Colorado Supreme Court will assist the Board in the effective and efficient performance of its functions and duties as follows:
(1) Investigating and reporting on all Requests for Claim and Claims;
(2) Recommending payment, denial or partial payment and partial denial of those Requests for Claims or Claims received based on the claim criteria outlined in C.R.C.P. 252;
(3) Recommending denial of those Requests for Claim or Claims when the underlying grievance matter has been dismissed by the Office of Attorney Regulation Counsel due to lack of clear and convincing evidence or the Claimant has withdrawn the Request or Claim;
(4) Preparing the Board agenda and recording the minutes of the Board meetings;
(5) Presenting Requests for Claim or Claims to the Board;
(6) Notifying Claimants of ultimate disposition;
(7) Coordinating payments to Claimants;
(8) Monitoring subrogation rights on previously paid Claims;
(9) Preparing annual Fund reports;
(10) Acting as custodian of all Board records including minutes and all Fund bank records;
(11) Paying Claims authorized by delegation or approved by a majority of the quorum of the Board; and
(12) Any other functions deemed necessary by the Board to effectively perform its duties.

C.R.C.P. 252.7

Source: Added and adopted June 25, 1998, effective 1/1/1999; amended and adopted by the Court, En Banc, June 15, 2023, effective 9/1/2023.