CLIENTS' SECURITY FUND
What is the Clients’ Security Fund?
The State Bar of Nevada established the fund in 1970 to make
monetary awards to clients in those rare cases in which a
lawyer betrays a client’s trust, misappropriating the
client’s funds.
Why was it created?
Nevada lawyers believe that the public has a right to
hold the legal profession accountable for the actions of its
individual members. The Bar established and now assures
funding for the Clients’ Security Fund in order to help
reimburse those clients who have sustained a monetary loss
as the result of a dishonest act of a Bar member.
The State Bar of Nevada administers stringent admission
standards and a strict disciplinary process that governs all
of its members. (Discipline is a separate function of the
State Bar.) On the rare occasions when a lawyer
misappropriates or mishandles client funds, the Clients’
Security Fund steps in to honor the debt through whole or
partial reimbursement.
How is it funded?
The State Bar finances the Clients’ Security Fund through an
annual assessment of the active lawyers licensed to practice
in Nevada. The voluntary nature of the fdund demonstrates
the genuine desire of the Bar to compensate deserving
clients.
Who is eligible to receive funds?
An application to receive Clients’ Security Funds may be
filed by any person who has lost money or property because
of the dishonest conduct or mishandling of funds by a Nevada
lawyer, provided that (1) the accused attorney has died,
disappeared, relinquished practice, or has been disbarred or
suspended; (2) the dishonest act occurred within an
attorney-client relationship; (3) the alleged act was the
mishandling or embezzling of funds or property, not
malpractice or negligence; and (4) the claimant has made a
reasonable attempt to recover from the lawyer within a
reasonable amount of time.
Funds do not cover losses resulting from an attorney’s
negligence. Also, losses resulting from situations in
which the attorney and client have entered into a personal
business relationship outside the attorney-client
relationship are not reimbursable from the fund. Such
matters may be reported to the State Bar of Nevada for
disciplinary action or may be the subject of malpractice
suits.
How do I file a claim?
Request an Application for Reimbursement from the State Bar
of Nevada. Fill out the form as completely as possible and
return it as directed. You should keep a copy of the
completed form for your records. If you attach evidence
or documents to the form, be sure to keep copies for your
file.
It is not necessary to retain a lawyer to submit a claim or
to represent you. If a lawyer is retained, it is the policy
of the Clients’ Security Fund Committee that no fee or other
compensation be paid by the Clients’ Security Fund to an
attorney who assists in the preparation of a claim.