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Model Rules for Lawyers' Funds for Client Protection - Rule 5

Rule 5 - Composition and Officers of the Board

  1. The Board shall consist of five lawyers and two nonlawyers appointed by the Court for initial terms as follows:
    1. two lawyers for one year;

    2. one nonlawyer for two years;

    3. two lawyers for two years;

    4. one nonlawyer for three years; and

    5. one lawyer for three years.

    Subsequent appointments shall be for a term of three years. The Court may limit the number of successive terms that Trustees may serve on the Board.

  2. Trustees shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the discharge of their duties.

  3. Vacancies shall be filled by appointment by the Court for any unexpired terms.

  4. The Board shall select a Chair, Secretary, Treasurer and such other officers as the Board deems appropriate.

  5. The Treasurer shall be bonded in such manner and amount as the Board shall determine.


A Board composed of lawyers and nonlawyers results in balanced evaluation of claims within the full context of the client-lawyer relationship. Participation by nonlawyers also enhances the credibility of the reimbursement process in the eyes of the public. Trustees should reflect all segments of the profession and the general population.

A Board of seven members is small enough to accomplish the work of the Fund, yet not so large as to discourage active involvement by each member or to be cumbersome. Terms of office are staggered to encourage continuity of experience and the development of policy and precedent. Depending on local policy or experience, the Court may limit successive appointments of the Trustees.

The Trustees should serve without compensation, pro bono publico, but should be reimbursed for expenses incurred in the discharge of their office.

Since direct and full responsibility for the administration and management of the Fund and its assets is vested in the Board, it should select its own officers.


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