ORS 9.725
Appointment of bar or other attorney as custodian of law practice
- duties of custodian, court and financial institution
(1)
If the court assumes jurisdiction under ORS 9.705 (Definitions for ORS 9.705 to 9.757) to 9.757 (Retention of client materials), it shall appoint the Oregon State Bar or, if the bar declines the appointment, another attorney, to act as custodian of the law practice of the affected attorney. Immediately upon appointment, the bar shall take possession and control of all property over which the court assumed jurisdiction. The court may order the bar or the appointed attorney to do one or more of the following:(a)
Examine the files and records of the law practice and obtain information as to any pending matters which may require attention;(b)
Notify persons and entities who appear to be clients of the affected attorney that the court has assumed jurisdiction and inform such persons that it may be in their best interest to obtain other legal counsel;(c)
Apply for extensions of time pending employment of other counsel by the client;(d)
File notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained;(e)
Give notice to appropriate persons and entities who may be affected, other than clients, that the court has assumed jurisdiction;(f)
Arrange for the surrender or delivery of clients’ papers or property; and(g)
Do such other acts as the court may direct to carry out the purposes of ORS 9.705 (Definitions for ORS 9.705 to 9.757) to 9.757 (Retention of client materials).(2)
The court has jurisdiction over that portion of the files, records and property of the affected attorney for the purposes of ORS 9.705 (Definitions for ORS 9.705 to 9.757) to 9.757 (Retention of client materials) as established in the order, and may make all orders necessary or appropriate to protect the interest of the affected attorney, the clients of the affected attorney and the public.(3)
Any financial institution holding funds in a lawyer trust account of the affected lawyer shall release the funds to the bar or the appointed attorney upon presentment of a copy of the order appointing the custodian. The bar or the appointed attorney shall determine the ownership of the funds in the lawyer trust account and distribute the funds as directed by the interested client. Any funds for which ownership cannot be determined or for whom the owner cannot be located shall be turned over to the bar or the appointed attorney as provided in ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title).(4)
The court may not charge a filing fee for filing a petition under ORS 9.715 (Petition to take jurisdiction over law practice). [1979 c.252 §6; 1985 c.512 §7; 1989 c.1052 §18; 2015 c.6 §6; 2021 c.497 §4]
Source:
Section 9.725 — Appointment of bar or other attorney as custodian of law practice; duties of custodian, court and financial institution, https://www.oregonlegislature.gov/bills_laws/ors/ors009.html.
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