PAYMENTS

(a) Payment is Discretionary. The board or the committee may grant monetary relief up to the amount of its authority as set forth in this chapter if either determines that a reimbursable loss has been sustained by a claimant and the circumstances warrant relief, taking into consideration the resources of the fund and the claim’s priority. Any grant of monetary relief is solely at the board or the committee’s discretion within its respective authority and is not a right of any claimant. No reimbursement will be made from the fund unless and until reimbursement has been authorized by the board or the committee within its respective authority, and the claimant has executed assignments or other documents as reasonably requested by the board or committee. Staff may require appropriate documentation that conditions imposed on reimbursement of the claim have been satisfied and that the identity of the proper party or party’s representative is verified before payment. Neither the bar, the board, the committee, nor staff will incur any liability for nonpayment of claims or for erroneous payments. The decision of the board is final and not subject to appeal or other review.

(b) Determination of Amount and Manner of Payment.

(1) Determination of Amount and Conditions of Payments. The board will determine the amount of relief and the manner, conditions, and terms on which claims will be paid.

(2) Fee Claims. The maximum amount payable for an individual fee claim is $5,000. Fee claims may be paid on approval except as provided elsewhere in this chapter.

(3) Misappropriation Claims.

(A) The maximum amount payable for a misappropriation claim is $250,000.

(B) Misappropriation claims with an approved loss amount of $1,000 or less may be paid on approval.

(C) All approved misappropriation claims of more than $1,000 will be held for payment until the end of the fiscal year in which they were approved and will be pooled for payment.

(D) Misappropriation claims that relate to services under a contingent fee or sliding scale agreement will be considered in the same manner as other claims. If a copy of the written fee agreement is unavailable, or the agreed-on fee cannot be determined, it is presumed that the fee agreement contained the standard language mandated by the Rules Regulating The Florida Bar or Florida law. In the absence of other evidence, the committee will presume that the fee charged under the fee agreement was the maximum permitted by the rules or Florida law.

(4) Unclaimed Funds. If any approved payment remains unclaimed at the close of the fiscal year following the fiscal year in which the claim is approved, those funds will be returned to the fund. A final request for response will be sent to the claimant(s) prior to the return of the funds.

(c) No Right to Payment. No claimant has any right, legal or equitable, contractual or statutory, to a grant of monetary relief from the fund. Neither a determination by the board to pay any portion or all of any claim, nor partial payment, vests any such right in the claimant.