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1997 SESSION

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SB 973 Attorneys; appointment for those who are disqualified.

Introduced by: Joseph V. Gartlan, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Attorneys; protection of client interests. Clarifies the duties imposed when the circuit court appoints a receiver or an attorney in situations involving an attorney who is the subject of a disciplinary proceeding or who is disabled, deceased, suspended or disbarred. The duties of the receiver or appointed attorney are specified and include taking control of the subject attorney's accounts; notifying the clients; marshaling the attorney's assets; filing a report of the attorney's accounts with the court, etc. In the case of a receiver, the court is authorized to determine whether assets under the control of a receiver should be turned over to the subject attorney.

The bill provides that the fees and costs of the appointed attorney may not be paid from the subject attorney's trust accounts and allows for payment of these fees and costs by the State Bar if the subject attorney's funds are insufficient. The Bar is given a right of action against the subject attorney's estate for reimbursement of any amounts so paid.

Currently, any person may petition for appointment of an attorney in situations involving deceased, disabled or suspended/disbarred attorneys; the bill would allow only State Bar counsel or the chairman of the Bar district committee to petition.

The bill authorizes the court to require bond of the appointed attorney.


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