204 Pa. Code r. 83.322 - Duties of conservator
(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.
(d) Neither the
conservator nor any partner, associate or other lawyer practicing in
association with the conservator shall:
(1)
Make any recommendation of counsel to any client identified as a result of the
conservatorship in connection with any matter identified during the
conservatorship.
(2) Represent such
a client in connection with:
(i) any matter
identified during the conservatorship; or
(ii) any other matter during or for a period
of three years after the conclusion of the conservatorship.
(e) The conservator
shall file a written report with the appointing court and the Board no later
than 30 days after the date of appointment covering the matters specified in
Subdivisions (a) through (c) of this rule. If those duties have not been
accomplished, then the conservator shall state what progress has been made in
that regard. Thereafter, the conservator shall file a similar written report
every 60 days until discharge.
(f)
In the case of a deceased attorney, the conservator shall notify the executor
of the estate of the Disciplinary Board's need to be reimbursed by the estate
for the costs and expenses incurred in accordance with Rule 328(b) (relating to
compensation and expenses of conservator).
Notes
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