C.R.C.P. 252.15. — Reimbursement and Fund Subrogation

(a) A Respondent Attorney whose dishonest conduct results in payment of a Claim is liable and obligated to the Fund for reimbursement and the Board may bring any action to enforce such obligation, including payment of costs. Reimbursement may be considered for purposes for readmission or reinstatement as stated in C.R.C.P. 252.3. (b) As a condition of payment, a Claimant must provide the Fund with an assignment of the Claimant's rights up to the amount paid by the Fund against the Respondent Attorney, the attorney's legal representative, estate or assigns; and of the Claimant's rights against any third party or entity who may be liable for the Claimant's loss, and must execute a written agreement of the same. Such an agreement does not constitute legal advice or an attorney/client relationship, and a Claimant must be given opportunity to consult with their own counsel prior to entering the agreement. (c) Upon commencement of an action by the Board as subrogee or assignee of a Claim, it must notify the Claimant, who may then join in such action to recover the Claimant's unpaid losses. (d) In the event that the Claimant commences an action to recover unpaid losses against the Respondent Attorney or another entity who may be liable for the Claimant's loss, the Claimant must notify the Board of such action. (e) The Claimant must cooperate in all efforts that the Board undertakes to achieve reimbursement for the Fund.