Bar Rules

Rule 10-109. Restitution and Subrogation

State Bar Programs / Part X - Clients' Security Fund / Rule 10-109. Restitution and Subrogation

(a) A lawyer whose dishonest conduct results in reimbursement to a claimant shall be liable to the Fund for restitution; the Board may bring such action as it deems advisable to enforce such obligation.

(b) As a condition of reimbursement, a claimant shall be required to provide the Fund with a pro tanto transfer of the claimant's rights against the lawyer, the lawyer's legal representative, estate or assigns, and the claimant's rights against any third party or entity who may be liable for the claimant's loss.

(c) No petition for reinstatement to practice law in the state of Georgia shall be granted until the petitioner has made restitution to the Clients' Security Fund for all amounts paid by the Fund as a result of the petitioner's conduct plus accrued interest.

GO TO Rule 10-108. No Legal Right to Payment
GO TO Rule 10-110 Immunity
Return to handbook browser.