When Jim's mother Mary, was injured in an accident. She hired a lawyer to represent her in a negligence case. The lawyer settled the case for $67, 000. which he deposited in his personal account and then used to go on a vacation to Hawaii with his mistress. Mary has dementia and is not able to take any legal action against the lawyer. However, as the only son of the widow, Mary, Jim can file a ________________________ claim against the lawyer on his mother's behalf. to secure payment of the settlement funds.