Rule 7-2.2 - INVESTIGATIONS(a) Investigation Required. The committee investigates every claim for relief that appears to meet the requirements of this chapter. Investigating members of the committee prepare a written report on a form furnished by the bar on all claims assigned to each of them. The investigating member may recommend that the claim be approved and provide a loss amount; denied and state all reasons for denial; or deferred and state the reason. The committee will consider the claim at the next scheduled meeting. While the recommendation of the investigating member will be given deference, the committee may disagree with the recommendation, including the loss amount. As part of the investigation, the committee may request the issuance of subpoenas for the production of documentary evidence before an investigating member of the committee or the committee. The subpoena will be issued by the designated reviewer assigned to that claim. The subpoena will be served by an investigator employed by The Florida Bar or in the manner provided by law for the service of process. Any persons who without adequate excuse fail to obey such a subpoena served upon them may be cited for contempt of the Supreme Court of Florida in the manner provided by rule 3-7.11.(b) Designated Reviewer. The committee's recommendation is forwarded to the designated reviewer. The designated reviewer promptly reviews the report of the committee and reports recommendations to staff for inclusion in the agenda for the consideration of the board. The designated reviewer may recommend that the claim be approved and provide a loss amount; denied and state all reasons for denial; or sent back to the committee for further investigation. To the extent possible, guidance will be provided to the committee. While the recommendation of the committee will be given deference, the designated reviewer may disagree with the recommendation, including loss amount.(c) Board of Governors. On receipt of the report of the designated reviewer, the claim is placed on the agenda of the board. The board may recommend that the claim be approved and provide a loss amount; denied and state all reasons for denial; or sent back to the committee for further investigation. While the recommendation of the designated reviewer will be given deference, the board may disagree with the recommendation, including loss amount.(d) Payment of Meritorious Claims. The committee may approve for payment from the fund claims up to a limit of $10,000 unless, within 14 days from the date of assignment for review, the designated reviewer disagrees with the recommendation or notifies fund staff to agenda the claim for board action. The board may otherwise approve for payment from the fund claims found to be meritorious and in accordance with the Clients' Security Fund Rules.(e) Form for Claim. A form prescribed by the bar must be completed to initiate a claim. A lawyer representing a claimant must give to the committee a written statement that the lawyer will not accept a fee from the claimant for services rendered in connection with a claim against the fund.(f) Responsibility of Claimant. A claimant has a responsibility to respond to requests from staff for information that is necessary to process the claim. If a claimant fails to provide staff with the requested information after staff has made three attempts to obtain the information, staff may recommend to the chair of the committee that the claim be closed without further action. If the chair agrees, the claim will be closed without referral to the committee or designated reviewer. Amended July 23, 1992, effective 1/1/1993 (605 So.2d 252) Amended December 15, 2000 by the Board of Governors of The Florida Bar; Amended May 29, 2009, effective 7/1/2009, by the Board of Governors of The Florida Bar. Amended and effective 10/5/2012, by the Board of Governors of The Florida Bar; amended and effective 3/29/2019 by the Board of Governors of The Florida Bar.Comment
When a claim is received by the Clients' Security Fund department, it is reviewed by staff for completeness. For example, staff reviews the claim to determine whether proof of loss has been provided. Staff writes the claimant requesting any missing information that is necessary and an essential element to process the claim. The claimant is given a total of 90 days in 30 day increments to provide information that is necessary and an essential element in processing a claim. If the claimant fails to respond after 3 written attempts have been made, staff may recommend to the chair of the committee that the claim be closed. If the chair agrees, the claim will be closed without further review. Should the claimant provide the necessary information at a later date, the claim will be reopened. For purposes of determining whether the claim is timely, the date the claim was first filed will be used.