Rule 67 - Duties of Conservator(a)Possession of Files. The conservator shall take immediate possession or control of all files, papers and records of the respondent, including computer data and related storage, if the conservator deems it necessary. If such possession cannot be obtained peaceably, the conservator shall apply to the appointing judge for issuance of a warrant authorizing seizure of the files. Probable cause for issuance of such a warrant shall be an affidavit executed by the conservator reciting the existence of the conservatorship and the fact that the persons in control of the premises where the files are or may be located will not consent to a search for, or removal of the files, or other facts showing that the files cannot be obtained without the use of the process of the court.(b)Inventory. The conservator shall make a reasonable assessment of all files, papers and records, including computer data and related storage, taken into the conservator's possession or control. The conservator shall then make a written inventory of all files in which the respondent appeared to be actively representing a client, of all files in which the representation appeared to terminate less than five years prior to the conservatorship being granted, and older files that may reasonably require further evaluation. For purposes of this rule, files that may require further evaluation include original wills, other trust and estate documents, and documents from capital criminal cases.(c)Written Notice to Clients of Conservatorship. The conservator shall send written notice to all clients listed in the inventory of the fact of the appointment of a conservator, the grounds that required such appointment, and the possible need of the clients to obtain substitute counsel or legal paraprofessional. Written notice shall be by first class mail to the client's last known address, as ascertained from a review of the client's file.(d)Return of Files. A file in the conservator's possession or control shall be returned to a client upon the execution of a written receipt, or released to substitute counsel or legal paraprofessional upon the request of the client and execution of a written receipt by such counsel or legal paraprofessional.(e)Termination of Conservatorship. Six months after sending written notice to clients as described in section (c), the conservator may move the appointing judge for an order discharging the conservator. The motion shall include a report of the disposition and attempted disposition of all inventoried files. Upon discharge of the conservator, the appointing court may order the conservator to destroy all files and records not returned pursuant to section (d) or not previously destroyed.(f)Conservator-Client Relationship. Neither the conservator nor any partner, associate or other lawyer or legal paraprofessional practicing in association with the conservator shall: 1. make any recommendation of counsel or legal paraprofessional to any client identified as a result of the conservatorship in connection with any matter identified during the conservatorship; or2. represent such a client in connection with:A. any matter identified during the conservatorship; orB. any other matter during or for a period of three (3) years after the conclusion of the conservatorship.(g)Filing a Written Report. The conservator shall file a written report with the appointing judge not later than thirty (30) days after the date of appointment, advising the court of the status of efforts to comply with the requirements as set forth in paragraphs (a) through (d) of this rule. Thereafter, the conservator shall file a similar written report every sixty (60) days until discharged.(h)Request to Destroy Files. After taking possession or control of files, papers and records of the respondent, the conservator may move the appointing judge for an order granting permission for the conservator to destroy files.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 66. In addition, the amendment to Rule 67(c) permits the conservator to apply to the court for an order discharging the conservator if six (6) months have passed with no activity in the case. The change is intended to permit the court to close a conservatorship while setting a retention schedule to guide the state bar in retaining or disposing of any files and papers of the respondent lawyer remaining in the custody of the state bar.
HISTORICAL NOTES
Source:
Pennsylvania R.D.E. 322.
Former Rule 66.
Former Rule 67, amended Dec. 12, 1991, effective Jan. 1, 1992, was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.