第十二规则. 客户保障信托基金

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第一节. 设立信托基金
There is hereby authorized and created a trust fund, to be known as the "客户保障信托基金 of the District of Columbia 酒吧"(hereinafter referred to as "the Trust Fund").

第二节. 信托基金的管理
The Trust Fund shall be operated and administered in accordance with these 规则 by five trustees, appointed as hereinafter provided. The trustees shall be known as "Trustees of The Clients' Security Fund of the District of Columbia 酒吧." 

第三节. 信托基金的目的
The purpose of the Trust Fund shall be to maintain the integrity and protect the good name of the legal profession by reimbursing, to the extent authorized by these rules and deemed proper and reasonable by the trustees, losses caused by dishonest conduct of members of the District of Columbia 酒吧, acting either as attorneys or as fiduciaries (except to the extent to which they are bonded). 

第四节. Trustees; Appointment and Term of
受托人 shall be appointed by the court for terms as follows: One for 1 year, 一个2年, 一个3年, 一个4年, 还有一个是5年. 在最初的任命之后, each subsequent appointment shall be for a term of 5 years and no appointee who has served a full term of 5 years shall be eligible for reappointment to the committee until 1 year after the termination of his last term. Vacancies shall be filled by appointment by the Court for the unexpired term. 就本条而言, "members" shall include individuals disbarred by the District of Columbia Court of Appeals no more than two years before the commencement of the attorneys-client relationship if the client reasonably believed the lawyer was licensed to practice law in the District of Columbia at the time that the client retained the lawyer. 

第五节. 受托人的责任
受托人 shall be authorized, beginning not later than July 1, 1972, to consider claims for reimbursement of losses arising after the effective date of these rules and caused by the dishonest conduct of members of the District of Columbia 酒吧 acting either as a lawyer or as a fiduciary in the matter in which the loss arose except to the extent to which they are bonded to the extent such losses are otherwise covered. 就本条而言, "members" shall include individuals disbarred by the District of Columbia Court of Appeals no more than two years before the commencement of the attorney-client relationship if the client reasonably believed that the lawyer was licensed to practice law in the District of Columbia at the time that the client retained the lawyer. 受托人 may administer oaths and affirmations and, in accordance with Superior Court Civil Rule 45, may compel by subpoena the attendance of witnesses and the production of pertinent books, 论文, 和文件. Subpoenas issued during the course of an investigation shall indicate on their face that the subpoenas are issued in connection with an investigation under this rule. 高等法院可以, upon application by the Trustees, enforce the attendance and testimony of any witnesses and the production of any documents so subpoenaed. Subpoena and witnesses fees and mileage shall be the same as those in the Superior Court. 高等法院可以 hear and determine any challenge to the validity of a subpoena so issued. 受托人 shall be authorized and empowered to admit or reject such claims in whole or in part to the extent that funds are available to it, and the Trustees shall have complete discretion in determining the order and manner of payment of claims. All reimbursements shall be a matter of grace and not of right in the 客户保障信托基金 as third party beneficiary or otherwise. No attorney shall be compensated for prosecuting a claim against the Fund. 

第六节. 规则 Governing Fund; Adoption of
受托人 are authorized to adopt regulations not inconsistent herewith and subject to the approval of the 董事会 of Governors of the District of Columbia 酒吧 for the management of its funds and affairs, for the presentation of claims and the processing and payment thereof. 

第七节. 基金的发放
All sums appropriated by the 董事会 of Governors for the use of the Trustees shall be held by the Treasurer of the District of Columbia 酒吧 in a separate account known as "Clients' Security Fund" subject to written direction of the Trustees under the regulations adopted by the Trustees.

8节. 基金用途

受托人 may use or employ the Clients' Security Fund for any of the following purposes within the scope of the Trustees' objectives as heretofore outlined:

(1) To make reimbursements on approved claims as herein provided to clients and members of the public;
(2) To purchase insurance to cover such losses in whole or in part, provided that such insurance is obtainable at reasonable costs and is deemed appropriate and provided that the purchase of such insurance is approved by the 董事会 of Governors of the District of Columbia 酒吧;
(3) To invest such portions of the fund as may not be needed currently to pay losses in United States Government Bonds or federally insured savings institutions located within the District of Columbia;
(4) To deposit at interest in federally insured banks or savings institutions located in the District of Columbia;the interest or other income thereby received to be added to and automatically become a part of said Fund. 

9节. 受托人的开支
The expenses of the Trustees shall be paid out of the general funds of the District of Columbia 酒吧. 

第十节. 受托人报告
受托人 shall provide a full report of their activities at least yearly to the 董事会 of Governors of the District of Columbia 酒吧 and shall make such other report of their activities and give only such publicity to same as the 董事会 of Governors may deem advisable.

11节. 解除受托人职务. 撤销基金
The court at any time may remove the Trustees and abolish the Trust Fund. 在这种废除的情况下, all assets of the 客户保障信托基金 shall be and remain the property of the District of Columbia 酒吧 to be used for its general purposes as determined by the 董事会 of Governors.

12节. 拨款予基金
The 董事会 of Governors of the District of Columbia 酒吧 shall be authorized in its discretion to make an appropriation to the 客户保障信托基金 in the amount of not less than $10,000.00 for the 1st year of operation and thereafter in such amounts as it may deem necessary and proper for each subsequent year.

13节. 基金付款

Payment shall be made from the Fund only upon condition that the District of Columbia 酒吧 receive a 至此为止 assignment from the applicant of the applicant's rights against the lawyer involved, 他的私人代表, 他的遗产及受让人, on condition that the Trust Fund shall be entitled to reimbursement on such terms as the trustees may deem proper under the circumstances. Any sums collected by reason of such subrogation shall be for the sole benefit of the Fund and applied thereto.

14节. 免疫力
Claims submitted to the Clients' Security Fund shall be absolutely privileged, and no complaint or action predicated thereon may be instituted or maintained. 受托人, staff and agents of the Clients' Security Fund shall be immune from civil liability and disciplinary complaint under this rule and from suit for any conduct in the course of their official duties.

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