(a) An attorney whose dishonest conduct results in reimbursement to a claimant shall be liable to the fund for restitution; and the client security fund committee may bring such action as it deems advisable to enforce such obligation.
Section 2-81.—Restitution and Subrogation
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceMakes an attorney liable to the client security fund for restitution after a payout and gives the fund subrogation rights, letting it pursue the attorney or other liable parties to recover what it paid.
Full Text of Section 2-81
(b) As a condition of reimbursement, a claimant shall be required to provide the fund with a pro tanto transfer of the claimant’s rights against the 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.
(c) Upon commencement of an action by the client security fund committee as subrogee or assignee of a claim, it shall advise the claimant, who may then join in such action to recover the claimant’s unreimbursed losses.
(d) In the event that the claimant commences an action to recover unreimbursed losses against the attorney or another entity who may be liable for the claimant’s loss, the claimant shall be required to notify the client security fund committee of such action.
(e) The claimant shall be required to agree to cooperate in all efforts that the client security fund committee undertakes to achieve restitution for the fund.
Amendment History
(Adopted June 29, 1998, to take effect Jan. 1, 1999.)
Plain-English Summary
Section 2-81 gives the client security fund committee legal tools to recover money it pays out because of an attorney’s dishonest conduct. The attorney is liable to the fund for restitution, and the committee may bring whatever action it deems advisable to enforce that obligation.
As a condition of getting reimbursed, a claimant must transfer their rights — pro tanto, meaning up to the amount reimbursed — against the attorney, the attorney’s legal representative, estate, or assigns, and against any third party who might also be liable for the loss. If the committee sues as subrogee or assignee, it must tell the claimant, who can join the action to recover any losses that weren’t reimbursed. Conversely, if the claimant sues on their own to recover unreimbursed losses, they must notify the committee. Either way, the claimant has to agree to cooperate with the committee’s efforts to get the fund made whole.
Frequently Asked Questions
What is subrogation under the Connecticut client security fund rules?
When the fund reimburses a claimant, the claimant transfers their rights against the attorney and any other liable party to the fund, up to the amount reimbursed, letting the committee pursue recovery in the claimant’s place.
Can a claimant still sue for losses the fund didn’t cover?
Yes, but the claimant must notify the client security fund committee if they file their own action to recover unreimbursed losses.
Is a reimbursed claimant required to help the fund recover its money?
Yes. Section 2-81 requires the claimant to agree to cooperate in all efforts the committee undertakes to achieve restitution for the fund.
What happens if the committee sues to recover a payout?
The committee must advise the claimant once it commences an action as subrogee or assignee, and the claimant may then join that action to recover any losses that weren’t reimbursed.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 2-81). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: client security fund subrogationpro tanto transfer of claimant rightsfund recovery action against attorneyclaimant cooperation with fund restitution