Rule 321. Appointment of conservator to protect interests of clients of absent attorney.

 (a)  Upon application of Disciplinary Counsel or any other interested person, the president judge of a court of common pleas shall have the power to appoint one or more eligible persons to act as conservators of the affairs of an attorney or formerly admitted attorney if:

   (1)  the attorney maintains or has maintained an office for the practice of law within the judicial district;

   (2)  [Reserved].

     (i)   the attorney is made the subject of an order under Enforcement Rule 208(f) (relating to emergency interim suspension orders and related matters);

     (ii)   the president judge of the court of common pleas pursuant to Enforcement Rule 217(g) (relating to formerly admitted attorneys) by order directs Disciplinary Counsel to file an application under this rule, or

     (iii)   the attorney is transferred to inactive status because of incapacity or disability, or disappears or dies; and

   (3)  no partner or other responsible successor to the practice of the attorney is known to exist.

 (b)  A copy of the application for appointment of a conservator under this rule shall be personally served upon the absent attorney or the personal representative or guardian of the estate of a deceased or incompetent absent attorney. If personal service cannot be obtained, then a copy of the application shall be served in the manner prescribed by Enforcement Rule 212 (relating to substituted service).

 (c)  The president judge of the court of common pleas shall conduct a hearing on the application no later than seven days after the filing of the application. At the hearing the applicant shall have both the burden of production and the burden of persuading the court by the preponderance of the credible evidence that grounds exist for appointment of a conservator.

 (d)  Within three days after the conclusion of the hearing on the application, the president judge shall enter an order either granting or denying the application. 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 absent attorney, a copy of the order shall be served upon the absent attorney in the manner prescribed by subdivision (b) of this rule.

 (e)  The conservator or conservators shall be appointed by the president judge from among members of the bar of this Commonwealth who:

   (1)  are not representing any party who is adverse to any known client of the absent attorney; and

   (2)  have no adverse interest or relationship with the absent attorney or his or her estate.

 (f)  The filing by Disciplinary Counsel of an application for the appointment of a conservator under these rules shall be deemed for the purposes of any statute of limitations or limitation on time for appeal as the filing in the court of common pleas or other proper court or magisterial district of this Commonwealth on behalf of every client of the absent attorney 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 absent attorney if:

   (1)  the application for appointment of a conservator is granted, and

   (2)  substitute counsel actually files an appropriate document in a court or magisterial district within 30 days after executing a receipt for the file relating to the matter.

   Official Note

   Under 42 Pa.C.S. §  5503(b) (relating to implementing court rules) the Supreme Court may define by rule the document which when filed constitutes the commencement of a matter for purposes of Chapter 55 of the Judicial Code (relating to limitation of time). Thus the application by Disciplinary Counsel under this rule is an omnibus pleading which stays the running of all statutes of limitations and appeal times pending a 30-day review of the files of the absent attorney.

   The provisions of this Rule 321 amended April 1, 1983, effective April 2, 1983, 13 Pa.B. 1179. Immediately preceding text appears at serial pages (61237), (54545), and (54546).