Requirements for Establishing a Claim
To establish a claim against the Fund, a claimant must prove:
- that he/she has suffered pecuniary loss
- by reason of theft committed by an attorney, candidate attorney or employee of the attorney
- of money entrusted by or on behalf of the claimant to the attorney
- in the course of the attorney’s practice as such.
Typical losses covered by the Fund include the theft of:
- money from deceased or insolvent estates;
- money held pending registration of the transfer of immovable property;
- settlements in personal injury claims.
The Fund does not reimburse the following losses arising from:
- negligence by a practitioner in the conduct of his or her practice;
- business transactions with the attorney;
- money that is handed to an attorney for investment purposes;
- loans to the attorney.
Certain relationships such as family, business or partnership associations will preclude a person from claiming.