ASSIGNMENT IN FAVOR OF BAR

(a) Assignment as Prerequisite for Payment. As a condition precedent to the grant of monetary relief, the claimant must make an assignment in favor of the bar of the subrogation rights or of the judgment (or their unsatisfied portion thereof) obtained by the claimant against the offending member or members of the bar, and the bar will be entitled to be reimbursed to the extent of the amount of the relief granted with respect to a claim from the first moneys recovered by reason of the subrogation or assignment.

(b) Priority of Reimbursement to Bar. In cases where the relief granted is for less than the full amount that would have been allowable except for considerations of allocating available resources of the fund or other reasons related to the administration of the fund, the bar will not be reimbursed for the amount of the relief granted with respect to a claim until and unless the last moneys are recovered by reason of the subrogation or assignment.

(c) Reassignment of Claim to Claimant. The bar has the right but is under no obligation to any claimant to seek recovery from the offending lawyer or lawyers of all or any portion of a claimant’s claim. If the bar elects not to pursue recovery, a claimant will be entitled to receive from the bar, as the owner of the claim or judgment, a reassignment sufficient to permit the claimant’s collection thereof in the claimant’s own name, provided that the reassignment reserves in favor of the bar a lien on the proceeds of any recovery to the extent of the relief paid to the claimant from the fund. In the event of reassignment, the claimant must keep the bar fully informed of all the claimant efforts to obtain recovery.

(d) Recoveries. Recoveries or repayments to the bar on account of payments from the fund will be restored to the fund.