Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter C - DISABILITY AND RELATED MATTERS › CONSERVATORS FOR INTERESTS OF CLIENTS › Rule 322 - Duties of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						conservator shall take immediate possession of all files of the absent
						attorney. If such possession cannot be obtained peaceably, the conservator
						shall apply to the appointing court for issuance of a warrant authorizing
						seizure of the files. Probable cause for issuance of such a warrant shall be an
						affidavit executed by the conservator reciting the existence of the
						conservatorship and the fact that the persons in control of the premises where
						the files are or may be located will not consent to a search for them or their
						removal or other facts showing that the files cannot be obtained without the
						use of the process of the court.
(b) The conservator shall make a written
						inventory of all files taken into his or her possession.
(c)
(1) The
						conservator shall make a reasonable effort to identify all clients of the
						absent attorney whose files were opened within five (5) years of the
						appointment of the conservator, regardless of whether the case is active or
						not, and a reasonable effort to identify all clients whose cases are active,
						regardless of the age of the file. The conservator shall send all such clients,
						and former clients, written notice of the appointment of a conservator, the
						grounds which required such appointment, and the possible need of the clients
						to obtain substitute counsel. All such notices shall include the name, address
						and telephone number of any lawyer referral service or similar agency available
						to assist in the location of substitute counsel. The conservator shall, if
						necessary, send a second written notice to all clients of the absent attorney
						whose files appear to be active.
(2) All clients whose files are identified by
						the conservator as both inactive and older than five (5) years shall be given
						notice by publication of the appointment of a conservator, the grounds which
						required such appointment, and the possible need of the clients to obtain
						substitute counsel. All such notices shall include the name, address and
						telephone number of any lawyer referral service or similar agency available to
						assist in the location of substitute counsel. The specific method of
						publication shall be approved by the appointing court, as to both the method,
						and duration, of publication. The conservator shall deliver proofs of
						publication to the appointing court at the time of filing the application for
						discharge.
(3) A file may be
						returned to a client upon the execution of a written receipt, or released to
						substitute counsel upon the request of the client and execution of a written
						receipt by such counsel. The conservator shall deliver all such receipts to the
						appointing court at the time of filing the application for discharge. On
						approval by the appointing court of the application for discharge, all files
						remaining in the possession of the conservator shall be destroyed by the
						conservator in a secure manner which protects the confidentiality of the files.