CHAPTER 6 - 6-9 DEAD, DISABLED, SUSPENDED AND DISAPPEARED LAWYERS

JurisdictionUnited States

6-9 Dead, Disabled, Suspended and Disappeared Lawyers

When an attorney is placed on inactive status, suspended, disbarred or resigns, the court may appoint an attorney to inventory the attorney's files and take action to protect the attorney's clients.148 The appointed attorney is called a trustee. Such an appointed attorney must honor the clients' rights to confidentiality.149 The appointed attorney must render annual reports to the court.150 If the attorney for whom a trustee is appointed returns to practice, the trustee must return the lawyer's files to him.151

While the rule allows the trustee to recoup his fees and expenses from income related to the files,152 that is rarely, if ever, the case. The Judicial Branch does have...

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