As amended through July 12, 2024
Rule 519 - Protection of Clients' Interests(a)Order of Appointment. If a Respondent 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 Rule 517, and no partner, executor or other responsible party capable of conducting the Respondent's affairs is known to exist, the administrative judge in the judicial district in which the Respondent maintained a practice (the administrative judge), upon proper proof of the fact, shall enter an order or appointment. Such order may include the appointment of a Lawyer or Lawyers (appointee(s)) to inventory the files of the Respondent, an injunction prohibiting all financial institutions holding all trust and operating accounts of the Respondent from disbursing monies on the signature of the Respondent or at his or her direction, and direction to take such action as seems indicated to protect the interests of the Respondent and his or her clients.(b)Nondisclosure of Client Information. No appointee shall be permitted to disclose any information contained in any files except as permitted by Idaho Rule of Professional Conduct 1.6. The attorney-client privilege and Idaho Rule of Professional Conduct 1.6 confidentiality protection shall be extended so that review of the file by the appointee(s) is not deemed to be disclosure to a third party.(c)Powers and Duties of Appointee(s). After obtaining access to and custody of the Respondent's files, the appointee(s) shall: (1) Notify each client of his or her right to obtain any papers or other property to which he or she is entitled and the times and places at which the papers or other property may be obtained, calling attention to any urgency for action on the client's part;(2) Release to each client, upon request and the signing of proper releases, the papers and other property to which he or she is entitled;(3) Place fee-generating work with other Lawyers consistent with Rule 519(g); and(4) Within 90 days after appointment, file a final report with the Supreme Court, the administrative judge and Bar Counsel, including a request for release from the order of appointment and for disposition of any and all files that remain in the control and custody of such appointee(s).(d)Trust and Operating Accounts. The Bar Counsel or the appointee(s) shall serve a copy of the order of appointment on all financial institutions holding the trust and operating accounts of the Respondent, including all accounts on which the Respondent is principal or trustee. Service of the order of appointment on a financial institution shall permit the appointee(s) to substitute his or her authority for that held previously by the Respondent in all respects with regard to such accounts.(e)Duty of Lawyers. It shall be the duty of all licensed Lawyers to share cooperatively in the provision of services under this Rule and, when necessary, to do so without remuneration, though it shall not be their duty to bear expenses or costs incident to such services.(f)Compensation of Appointee(s). Any costs incurred by the appointee(s) for work done under this Rule shall be paid from fees owing to the Respondent or by the Bar. This Rule shall not be construed to limit or preclude the administrative judge from allowing reasonable fees in proper cases for work done under this Rule, which fees may be accepted without waiver of or prejudice to the qualified immunity provided in Rule 520(c), so long as the fees are not privately negotiated.(g)Referral of Fee-Generating Work. In administering this Rule, it is intended that as a general rule, fee-generating work that can be placed by the appointee(s) with private practitioners for handling under reasonable and customary arrangements for remuneration will be so placed and will not be retained by the appointee(s), and all exceptions thereto shall be approved by the administrative judge. This Rule shall not be applied to force representation upon any objecting client.