Rule 322. Duties of conservator.

 (a)  The conservator shall take immediate possession of all files of the absent attorney. If such possession cannot be obtained peaceably, the conservator shall apply to the appointing court 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 them or their removal or other facts showing that the files cannot be obtained without the use of the process of the court.

 (b)  The conservator shall make a written inventory of all files taken into his or her possession.

 (c)  The conservator shall send written notice to all clients of the absent attorney of the fact of the appointment of a conservator, the grounds which required such appointment, and the possible need of the clients to obtain substitute counsel. All such notices shall include the name, address and telephone number of any lawyer referral service or similar agency available to assist in the location of substitute counsel. The conservator shall, if necessary, send a second written notice to all clients of the absent attorney whose files appear to be active. A file may be returned to a client upon the execution of a written receipt, or released to substitute counsel upon the request of the client and execution of a written receipt by such counsel. The conservator shall deliver all such receipts to the appointing court at the time of filing the application for discharge. On approval by the appointing court of the application for discharge, all files remaining in the possession of the conservator shall be destroyed by the conservator in a secure manner which protects the confidentiality of the files.

 (d)  Neither the conservator nor any partner, associate or other lawyer practicing in association with the conservator shall:

   (1)  Make any recommendation of counsel to any client identified as a result of the conservatorship in connection with any matter identified during the conservatorship.

   (2)  Represent such a client in connection with:

     (i)   any matter identified during the conservatorship; or

     (ii)   any other matter during or for a period of three years after the conclusion of the conservatorship.

 (e)  The conservator shall file a written report with the appointing court and the Board no later than 30 days after the date of appointment covering the matters specified in subdivisions (a) through (c) of this rule. If those duties have not been accomplished, then the conservator shall state what progress has been made in that regard. Thereafter, the conservator shall file a similar written report every 30 days until discharged.

   The provisions of this Rule 322 amended April 1, 1983, effective April 2, 1983, 13 Pa.B. 1179. Immediately preceding text appears at serial pages (54546) to (54547).