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1997 SESSION
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.
FULL TEXT
- 01/17/97 Senate: Presented & ordered printed 971540661 pdf
- 01/22/97 Senate: Committee substitute printed 971612661-S1 pdf
- 02/21/97 Senate: Bill text as passed Senate and House (SB973ER) pdf
- 03/17/97 Governor: Acts of Assembly Chapter text (CHAP0239) pdf
AMENDMENTS
HISTORY
- 01/17/97 Senate: Presented & ordered printed 971540661
- 01/17/97 Senate: Referred to Committee for Courts of Justice
- 01/22/97 Senate: Reported from Courts of Justice w/sub. (15-Y 0-N)
- 01/22/97 Senate: Committee substitute printed 971612661-S1
- 01/23/97 Senate: Constitutional reading dispensed (39-Y 0-N)
- 01/23/97 Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
- 01/24/97 Senate: Read second time
- 01/24/97 Senate: Reading of substitute waived
- 01/24/97 Senate: Committee substitute agreed to 971612661-S1
- 01/24/97 Senate: Engrossed by Senate - comm. sub. 971612661-S1
- 01/27/97 Senate: Read third time and passed Senate (39-Y 0-N)
- 01/27/97 Senate: VOTE: PASSAGE (39-Y 0-N)
- 01/27/97 Senate: Communicated to House
- 01/28/97 House: Placed on Calendar
- 01/29/97 House: Read first time
- 01/29/97 House: Referred to Committee for Courts of Justice
- 02/06/97 House: Assigned to C. J. sub-committee: 2
- 02/07/97 House: Reported from C. J. with amendments (22-Y 0-N)
- 02/10/97 House: Read second time
- 02/11/97 House: Read third time
- 02/11/97 House: Committee amendments agreed to
- 02/11/97 House: Engrossed by House as amended
- 02/11/97 House: Passed House with amendments (Block Vote) (100-Y 0-N)
- 02/11/97 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
- 02/13/97 Senate: Reading of amendments waived
- 02/13/97 Senate: House amendments agreed to by Senate (39-Y 0-N)
- 02/13/97 Senate: VOTE: CONCUR HOUSE AMENDMENT (39-Y 0-N)
- 02/21/97 Senate: Bill text as passed Senate and House (SB973ER)
- 02/26/97 Senate: Enrolled
- 02/26/97 House: Signed by Speaker
- 02/27/97 Senate: Signed by President
- 03/11/97 Governor: Approved by Governor-Chapter 239 (effective 7/1/97)
- 03/17/97 Governor: Acts of Assembly Chapter text (CHAP0239)