Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 91 - MISCELLANEOUS MATTERS › Subchapter F - PROTECTION OF THE INTERESTS OF CLIENTS › Section 91.122 - Duties of conservator

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 322(a)-(c) provides that:
(1) The conservator shall take immediate
					 possession of all files of the absent attorney; that 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; and that 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.
(2) The conservator shall
					 make a written inventory of all files taken into his or her
					 possession.
(3) 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.
(4) 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.
(5) 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.