2011 Annual Report Clients' Security Fund of Ohio - Supreme Court ...

Board Review
Gov. Bar R. VIII gives the CSF board sole discretion to determine which claims merit
reimbursement from the fund, as well as the amount, time, manner, conditions and
order of payments of reimbursement. The board may request additional information
or hold an informal hearing before reaching its decision. A claimant or an attorney
may request permission to appear before the board in person, in which case the board
chair decides whether to grant the request. During FY 2011, there were no requests to
appear before the board.
An affirmative vote of at least four commissioners is required for claim
determinations. The CSF Board Rules provide that when a claim is determined
ineligible for reimbursement, the claimant may, within 30 days after receipt of the
board’s decision, request board reconsideration of the claim.
Claimants need not be represented by counsel to file an application for
reimbursement with the CSF. Gov. Bar R. VIII specifically prohibits the payment of
attorney fees out of the proceeds of an award. However, CSF Board Rule 14 permits
the payment of attorney fees out of the fund, up to a maximum of $300, if the board
of commissioners determines that the attorney’s services were necessary to process
the claim. During fiscal year 2011, the board approved three applications for attorney
fees, totaling $825.
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