§ 95.2. Investigation of the conversion of funds.

 Where the Office of Disciplinary Counsel receives evidence of the conversion of entrusted funds by a respondent-attorney, it is the policy of the Board that Disciplinary Counsel shall seek the issuance of a subpoena duces tecum to the respondent-attorney and any relevant financial institution for at least the following records:

   (1)  all accounts into which the respondent-attorney may have deposited or otherwise transferred entrusted funds during a period reasonably related to that during which the conversion occurred; and

   (2)  those records which are required to be maintained under the Disciplinary Rules relating to the handling or holding of funds or other property.

   Official Note

   The records referred to in paragraph (2) include those maintained under former DR 9-102 of the Code of Professional Responsibility and Rules 1.5(c) and 1.15 of the Rules of Professional Conduct.