Rule 34.18 - Death, suspension, or disbarment of practicing attorney(1) Upon a client security commission determination, or disciplinary board showing that a practicing attorney has died or has been suspended or disbarred from the practice of law and that a reasonable necessity exists, the chief judge in the judicial district in which the attorney practiced may appoint an attorney or the client security commission to serve as trustee to inventory the attorney's files, sequester client funds, and take any other appropriate action to protect the interests of the attorney's clients and other affected persons. In appointing a trustee, the chief judge will give due regard to any designation or standby nomination made under the provisions of rule 39.18 and the recommendation of the office of professional regulation. Trusteeships are specially assigned to the appointing chief judge, who will hear and rule upon all matters therein. The appointment of an attorney as trustee is subject to supreme court confirmation. The appointed attorney serves as a special member of the client security commission for the purposes of the appointment.(2) While acting as trustee, the trustee must not serve as an attorney for the clients of the disabled attorney or other affected persons. The trustee also must not examine any papers or acquire any information concerning real or potential conflicts with the trustee's clients. If the trustee acquires such information inadvertently, the trustee must, as to such matters, protect the privacy interests of the suspended attorney's clients by prompt recusal or refusal of employment.(3) A trustee who seeks compensation for services rendered must first seek reasonable fees and reimbursement of costs of the trust from the deceased attorney's estate or the attorney whose license to practice law has been suspended or revoked. If reasonable efforts to collect such fees and costs are unsuccessful, the trustee may submit a claim for payment from the Clients' Security Trust Fund of the Bar of Iowa. The client security commission, in the exercise of its sole discretion, must determine the merits of the claim and the amount of any payment from the fund.(4) When all pending representation of clients is completed or the purposes of the trust are accomplished, the trustee must apply to the appointing chief judge for an order terminating the trust. Upon termination of the trusteeship or upon request of the client security commission,, any undistributed client files may be ordered immediately destroyed.(5) Trustee fees and expenses paid by the client security commission must be assessed to the deceased, suspended, relinquished, or disbarred attorney by the client security commission and are due upon assessment. Trustee fees and expenses assessed under this rule must be paid as a condition of reinstatement and may be collected by the client security commission as part of the annual statement and assessment required by Iowa Court Rule 39.8.Admi. Gen. Prov. Griev. Commi. and. Attor. Disci. Board. 34.18
Court Order January 26, 2016, effective 4/1/2016; 11/18/2016, effective 12/25/2017; 12/13/2017, effective 1/1/2018; Order November 16, 2018, effective 12/15/2018; order July 24, 2019, effective 8/1/2019; October 24, 2019, effective 1/1/2020; December 16, 2019, effective 1/1/2020; court order September 14, 2021, effective 10/1/2021; court order December 12, 2023, effective 1/1/2024.