Rule 66 - Appointment of Conservator to Protect Client Interests(a)Appointment of Conservator. The state bar or any other interested person may petition the presiding judge of a superior court or the presiding judge's designee ("appointing judge") to appoint one or more eligible persons to act as conservators of the client files and records, client trust accounts and such other affairs of a lawyer or legal paraprofessional or formerly admitted lawyer or formerly admitted legal paraprofessional, as the appointing judge determines appropriate. There shall be no filing fee for petitions for conservator under this rule. The appointing judge shall appoint a conservator if the lawyer or legal paraprofessional maintains or has maintained a law practice within the county, no partner or other responsible successor to the practice of the lawyer or legal paraprofessional is known to exist, and: 1. the lawyer or legal paraprofessional is made the subject of an order of interim suspension and related matters; or2. the appointing judge by order directs the state bar to file an application under this rule; or3. the lawyer or legal paraprofessional is transferred to inactive status because of incapacity or disability, or disappears or dies; or4. where other reasons requiring protection of the public are shown.(b)Service of Petition. A copy of the petition and any related order to show cause shall be personally served upon the respondent lawyer or legal paraprofessional, the state bar, and upon other persons as provided in Rule 63 governing transfer to disability inactive status. Upon affidavit of petitioner or the state bar that diligent efforts have failed to reveal the whereabouts of respondent, or that respondent is evading service, service shall be made on the respondent by certified mail/delivery restricted to addressee in addition to regular first-class mail, sent to the last address provided by the respondent to the state bar pursuant to Rule 32(c)(3). When service of the petition is made by mail, the state bar shall file a notice of service in the conservatorship matter indicating the time and manner of mailing. Service shall be deemed complete when the notice is filed.(c)Hearing on Petition; Order; Authority. 1. Within seven days of the petition being filed, the appointing judge may conduct a hearing on the petition or may rule on the petition without a hearing.2. If the appointing judge conducts a hearing, the petitioner shall have the burden of proving by a preponderance of the evidence that grounds exist for the appointment of a conservator.3. The appointing judge shall enter an order granting or denying all or part of the petition. The order shall contain findings of fact and a statement of the grounds upon which the order is based. If no appearance has been entered on behalf of the respondent, a copy of the order shall be served upon respondent in the manner prescribed by section (b) of this rule.4. The parties may request and the appointing judge may make any other rulings as justice requires.(d)Effect of Petition. The filing of a petition for the appointment of a conservator under these rules shall be deemed, for purposes of any statute of limitations or limitation on time for appeal or vacation of a judgment, as the timely filing in the superior court or other proper court of this state, on behalf of every client of the respondent, of a complaint or other proper process commencing any action, proceeding, appeal or other matter arguably suggested by any information appearing in the files of the respondent if: 1. the application for appointment of a conservator is granted; and2. substitute counsel actually files an appropriate document in a court within thirty (30) days after executing a receipt for the file relating to the matter.(e) The clerk of the superior court shall make certified copies of the order of appointment available upon request of the conservator without charge.Added June 9, 2003, effective 12/1/2003. Amended Sept. 18, 2006, effective 1/1/2007; 6/30/2010, effective 1/1/2011; 12/16/2015, effective 1/1/2016; amended Aug. 27, 2020, effective 1/1/2021.NOTES TO 2003 AMENDMENTS
The rule restates the language found in former Rule 65 and makes no substantive changes.
HISTORICAL NOTES
Source:
Pennsylvania R.D.E. 321.
Former Rule 65.
Former Rule 66, relating to the duties of the conservator, was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.