Supreme Court Rule XIX, Rules for Lawyer Disciplinary Enforcement, Section 27 (a), regards lawyers who have transferred to disability inactive status, or who have disappeared or died, or who have been suspended or disbarred.
Pursuant to Supreme Court Rule XIX, if a lawyer "has been transferred to disability inactive status, or has disappeared or died, or has been suspended or disbarred and there is evidence that he or she has not complied with Section 26, and no partner, executor or other responsible party capable of conducting the respondent's affairs is known to exist, the presiding judge in the judicial district in which the respondent maintained a practice or a lawyer member of the disciplinary board should the presiding judge be unavailable, upon proper proof of the fact, shall appoint a lawyer or lawyers to inventory the files of the respondent, and to take such action as seems indicated to protect the interests of the respondent and his or her clients." [Amended effective September 16, 2005].
Rule XIX, Section 27 (b) provides that "[a]ny lawyer so appointed shall not be permitted to disclose any information contained in any files inventoried without the consent of the client to whom the file relates, except as necessary to carry out the order of the court which appointed the lawyer to make the inventory." Further a copy of the executed agreement shall be forwarded to the Office of Disciplinary Counsel within thirty (30) days of its execution. A Court-approved overdraft notification agreement that attorneys and federally-insured financial institutions and their affiliates shall utilize is included as Appendix F
to these rules. [Enacted effective April 15, 2006; Amended effective September 27, 2006].
- View Rule XIX in its entirety.