National Client Protection Organization, Inc.
Northeast Regional Workshop 1998
October 30, 1998, Boston, MA

1. Attendance Roster.
2. Meeting Agenda and Materials.

Meeting Agenda:

9:00 A.M. Welcoming Remarks and Introduction - Kenneth J. Bossong

9:15 A.M. Difficult Claims and Troubling Claimants - Frederick Miller
	I.   Investment-type claims and the "But-For" test
	II.  Limiting Claims to the Fund: Are there certain kinds of claims
	     and claimants which Funds with limited resources should not 
	     consider?
Materials:  a. Memorandum on Fiduciary Duty
            b. Statement of Policy About Clients' Security Fund Position on Compensable Claims
            c. Rule 10, ABA Model Rules For Client Protection
            d. Section 7200.8, Trustees Regulations of the New York Lawyers Fund

10:15 A.M. BREAK - Coffee & Pastries

10:30 A.M. Difficult Claims II: Unearned Retainers - Arthur R. Littleton & Kathyrn J. Peifer
	I.   Where no work done
	II.  Where some portion of work done
		- preclude compensability?
		- if not, how can appropriate award be quantified?
		- how can "mere" fee disputes be distinguished?
	III. Should Fund consider paying award where unearned fee is
	     solicited:
		- post suspension?
		- post disbarment?
		- by someone not admitted as lawyer in jurisdiction?
		- by someone admitted pro hac vice?

Materials:  a. Unearned Retainer Claims Worksheet

11:15 A.M. Third-Party Liens - Isaac Hecht & Timothy J. O'Sullivan

	Assuming only clients can be claimants, what can/should a Fund do
	when third-parties claim a lien or other interest in misappropriated 
	monies?  Pay claimant anyway? Pay lienholder on behalf of a claimant? 
	Reject claim?

	Examples:
	- Medical provider, especially where lawyer promised to "protect"
 	  medical fees,
	- Workers' Comp
	- Attorney's fees
	- Welfare "lien", arguably a special case
	Does it matter if the claimant is bankrupt?

Materials:  a. Claims For Reimbursement Involving Liens or Interests of Third Parties.

12:15 P.M. LUNCH (at Barretts, included)

1:45 P.M. Publicity/Outreach - Karen D. O'Toole, Victoria Rees & 
                          Brian Leary (Co-Anchor, NewsCenter 5, Boston)

	I.  What can/should a Fund do to make its existence and purpose 
	    known?
	II. Things to consider when a reporter gets interested.

Materials: Newspaper Articles Samples

2:15 P.M. Policy Potpourri - Kenneth J. Bossong & Mark N. Berman

	I.  Burden of Proof: who has it and what is it?
	II. Standards of Proof
	III.Presumptions
	IV. Fund as a "remedy of last resort": what does that mean, 
	    and how  does it work?

Materials:    a. Program Outline.
              b. Rule 11(C), ABA Model Rules for Client Protection.
              c. N.J. Court Rule 1:28-3 (1990).
              d. N.J. Court Rule 1:28-3 (1998).

3:15 P.M. BREAK

3:30 P.M. A Web Site For Your Fund - Michael J. Knight

Materials:    a.Tools of the Trade: The Internet and Client Protection
		   an excerpt from the Client Protection Webb.
	      b. NY Lawyers Fund Web Page (www.nylawfund.org)
              c. Bell Atlantic Internet Primer.

3:45 P.M. Subrogation/Litigation/Collection - Daniel R. Hendi, Michael T. McCormick
	& William J. Thomas

	Tips on replenishing the Fund from the wrongdoer and other liable 
	parties.

Materials:     a. Collateral Sources of Reimbursement.
               b. Collection From Respondents.
               c. Processing Claims and Anticipating Future Collection.

4:45 P.M. Wrap-Up

	- Loose ends and knotty problems
	- What's next?
	- Suggestions for future Regional Workshops
	- Arranging for further consultation
	- See you in LaJolla (June 4-5, 1999)
	- Membership in NCPO

5:00 P.M. Informal Reception - Hors d'oeuvres in the Hull Room