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Colorado Attorneys' Fund for Client Protection

The Fund for client protection is a Colorado fund established by the Colorado Supreme Court of help reimberse those who suffer a loss of money or other property due to the dishonest actions of thier own attorney.

Although there are few instances where unethical attorneys betray their legal trust, the legal profession established this fund to help additional assurance to the Colorado consumers.  Financed by voluntary  assessments from active Colorado lawyers, this fund can add an additional level of protection for consumers of legal services.

Thsi fund is designed to be an avenue of last resort, for those who are unable to be repaid or reimbursed by other sources.  The administrators of this fund also expect claimants to have made reasonable efforts to collect for any other parties first.

The dispersement of any funds is controled by a seven person board appointed by the Colorado Supreme Court.  These seven individuals are a mixture of lawyers, and non-lawyers who receive no payment for thier service.

They rely upon written guidelines to help make any decisions related to this fund.  In instances where misconduct is alleged, this board may use the Office of Attorney Regulation Counsel to investigate the validity of any such claims.

"The Colorado Attorneys' Fund for Client Protection covers losses caused by the dishonest conduct of an attorney who is licensed to practice law by the Colorado Supreme Court. The attorney must have served the client as an attorney or in a court appointed fiduciary relationship."

To make a successful claim, an individual must prove the existence of an attorney/client relationship or a fiduciary relationship with an attorney.

Making the claim:   (from CSC faq)

"All claims must originate out of or occur contemporaneously with an attorney discipline matter. You can request claim forms in writing or by telephone. Staff personnel investigate each claim. If the claim does not appear to be within the jurisdiction of the Fund, that is explained to the person requesting the form. However, no one is refused a claim form. The completed claim form must be signed by the claimant, and the claimant's signature must be notarized. There is no filing fee. You may call the Office of Attorney Regulation at (303) 866-6400 or toll-free 1-(877) 888-1370.

Claimants must show that the attorney received funds and misappropriated them. There are also instances where an attorney takes and keeps a retainer despite knowing that services cannot, or will not, be performed. Claims involving misappropriation of funds for the purpose of making an investment on behalf of the client may be compensable in limited instances.  Claims involving fee disputes, unfortunate or ill-advised investments placed through attorneys, and professional negligence or malpractice are not eligible."

You can contact Office of Attorney Regulation Counsel for more information, or to file a complaint, at (303) 893-8121, or toll free 1-877-888-1370.  

You can find more information about filing a Denver lawyer complaint here. 
 

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