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Unclaimed & Unidentifiable Funds

Effective November 20, 2025 Delaware Lawyers’ Rule of Professional Conduct 1.15(d)(12)(F) requires lawyers and law firms to remit unclaimed or unidentifiable Trust Funds to the Lawyers’ Fund for Client Protection. The lawyer or law firm first must make reasonable efforts to identify or locate the owner of funds. If the owner of the funds still cannot be identified or located, the lawyer or law firm must hold the funds for one year, then remit them to the LFCP. If the owner of the funds is later identified and/or located, the funds remitted to the LFCP may be reclaimed.

Which Funds Are Considered Unidentifiable or Unclaimed?

“Unidentifiable Funds” refers to funds accumulated in a Delaware Rule 1.15A trust account that cannot be reasonably documented as belonging to a client, former client, third party, or the lawyer or law firm for a minimum of one (1) year despite reasonable efforts to identify and return the funds to their rightful owner.

"Unclaimed Funds” refers to funds in a Delaware Rule 1.15A trust account for which a client, former client, or third party appear to have an interest, but have not responded to the lawyer or law firm’s reasonable efforts to encourage the client, former client, or third party to claim their rightful funds.

Procedures for Remittance of Unidentifiable or Unclaimed Trust Funds

Complete the Unidentifiable or Unclaimed Funds Remittance Report.

Send a check made payable to LFCP in the amount of the unidentifiable or unclaimed funds, together with the completed Unidentifiable or Unclaimed Funds Remittance Report, to Lawyers’ Fund for Client Protection, 405 N. King Street, Suite 500, Wilmington, De 19801.

Lawyers remitting unclaimed funds to LFCP must keep a record of that remittance and include the name and last known address of the owner of the funds, if the owner of the funds is known; the date of death of a deceased owner if the owner of the funds is known; the efforts made to identify or locate the owner of the funds or a deceased owner's heirs or personal representative; the amount of the funds remitted; the period of time during which the funds were held in the lawyer's or law firm's Trust account; and the date the funds were remitted.to the LFCP.

Procedures for a Refund of Funds Remitted

If, after remitting unidentifiable/unclaimed funds to LFCP, the lawyer determines both the identity and the location of the owner or the owner’s heirs or personal representative, the lawyer shall request a refund from the LFCP as outlined in the Refund Procedure for Unclaimed Funds.