For immediate release: Aug. 31, 2009
For further information contact:
Kenneth J. Bossong
Lawyers' Fund for Client Protection Releases Second Quarter Report
During the second quarter of 2009, the New Jersey Lawyers' Fund for Client Protection, funded by the state's lawyers and judges, paid $330,963.84 to clients for losses caused by nine lawyers, the Board of Trustees announced today.
The fund's purpose is to pay on behalf of the honest majority of lawyers for the wrongdoing of the few who are suspended or disbarred for misappropriation.
The fund was created by the New Jersey State Bar Association in 1961, with voluntary contributions from practicing lawyers as a commitment to high standards in the profession. In 1969, the Supreme Court established an annual attorney assessment that now generates about $3 million for the fund each year.
In its 40-year history, the fund has paid claims against 630 attorneys, approximately three-quarters of 1 percent of the 84,474 lawyers currently licensed in New Jersey.
Seven trustees, five attorneys and two public members administer the fund, serving staggered 5-year terms without compensation. They are appointed by the Supreme Court to consider clients' claims and make awards when it is determined that the loss was caused by dishonest lawyer conduct, under fund rules. Cases involving legal malpractice and negligence are handled through civil court actions and fee disputes through the District Fee Arbitration Committees established by the Supreme Court.
For a claim to be compensable, the attorney against whom it is filed must have been a member of the bar, acting as either attorney or fiduciary, at the time of the incident, and unless deceased, must have been disbarred or suspended from the bar, or convicted of embezzlement or other misappropriation of property.
An individual client can receive up to $400,000 for claims arising after Jan. 1, 2007, lesser amounts for claims arising prior to that date. The Fund can provide up to $1,500,000 in claims against a given lawyer. Special permission can be granted by the Supreme Court to exceed the aggregate limit.
To receive a claim form, an individual should write to the New Jersey Lawyers' Fund for Client Protection, Richard J. Hughes Justice Complex, P.O. Box 961, Trenton, N.J. 08625-0961, or may call (609) 292-8008. The form must be completed, notarized and returned with copies of any proofs of the transaction. There is no filing fee. Claimants assisted in their claims by practicing attorneys receive their representation free of charge. Fund Director Kenneth J. Bossong welcomes inquiries regarding the fund's purpose and operation.
Attached is a list of the second quarter claim awards and status of each attorney under the Supreme Court discipline system.