ELC 7.7
   APPOINTMENT OF CUSTODIAN TO PROTECT CLIENTS' INTERESTS


(a) Custodians Allowed.  The Chair, on motion by
disciplinary counsel or any other interested person, may
appoint one or more lawyers or Association counsel as a
custodian to act as counsel for the limited purpose of
protecting clients’ interests whenever a lawyer has been
transferred to disability inactive status, suspended, or
disbarred, and fails to carry out the obligations of title
14 or fails to protect the clients' interests, or whenever a
lawyer disappears or dies, unless a partner, personal
representative, or other responsible person appears to be
properly protecting the clients’ interests.  The Chair may
enter orders to carry out the provisions and purposes of
this rule.

(b) Duties.  The custodian takes possession of the necessary
files and records and takes action as seems indicated to
protect the clients' interests or required by the Chair’s
orders or these rules.  Such action may include but is not
limited to assuming control of trust accounts or other
financial affairs.  Any bank or other person honoring the
authority of the custodian is exonerated from any resulting
liability.  In determining ownership of funds in the trust
account, including by subrogation or indemnification, the
custodian should act as a reasonably prudent lawyer
maintaining a client trust account.  The custodian may rely
on a certification of ownership issued by a person who
conducts audits for the Association under rule 15.1.  If the
client trust account does not contain sufficient funds to
meet known client balances, the custodian may disburse funds
on a pro rata basis.

(c) Discharge.  On motion by disciplinary counsel or any
interested person, the Chair may discharge the custodian
from further duties.  The Chair may also order destruction
of files and records as appropriate.

(d) Costs.  Payment of any costs incurred by the Association
under this rule may be a condition of reinstatement of a
disbarred lawyer or a lawyer transferred to disability
inactive status, or may be ordered as restitution in a
disciplinary proceeding for failure to comply with rule
14.1.


[Adopted effective October 1, 2002.]