Wednesday, December 4, 2013

When A Lawyer Dies

What happens to the client files of a deceased attorney?

The Maine Supreme Judicial Court appointed an attorney as receiver and, after the receiver had done his work ordered that remaining unclaimed client files be kept by the Board of Overseers, which "shall tend [the] unclaimed client files in a manner consistent with the Maine Rules of Professional Conduct."

The receiver "shall insure that payment is made to the Board  for its expenses related to the file storage/retention and destruction."

The receiver must close out the attorney's operating and IOLTA accounts. The estate gets the operating account account and the Bar gets the "unclaimed unknown fund balance" as a charitable contibution.

The receiver gets "sincere appreciation for his numerous hours of work in this process." (Mike Frisch)

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