Section 26 - Appointed Attorney to Inventory Files(A) Appointment. When an attorney dies, is suspended pursuant to Section 15, 18, or 19 of this rule, fails to comply with Section 22 of this rule, or otherwise abandons the attorney's client files and no partner, executor, or other responsible party capable of conducting the attorney's affairs is available and willing to assume appropriate responsibility, disciplinary counsel or bar counsel of a certified grievance committee may appoint one or more attorneys to inventory the files of an attorney and take action, including the actions set forth in Section 22, as is necessary to protect the interest of clients of the attorney. An attorney is considered to have abandoned client files if the attorney has had no contact with the files or has not responded to inquiries about the files and either is incapacitated, has disappeared and, through reasonable efforts, cannot be found or contacted, or has been deported.(B) Request for Appointment. Prior to making an appointment pursuant to division (A) of this section, the chair of a certified grievance committee shall submit a written request to the director of the Board for approval of the appointment and the fees to be charged by the appointed attorney. The appointed attorney shall submit an invoice, signed by bar counsel of the certified grievance committee, to the director of the Board for payment of fees. Upon receipt of a proper invoice, the director shall pay the fees from the Attorney Services Fund.(C) Recovery of Costs. If the attorney whose files are inventoried has been disciplined or has resigned with discipline pending, the director or disciplinary counsel may certify the fees and expenses incurred in connection with the inventory to the Supreme Court and request that the Court issue an order directing the attorney to repay the fees and expenses incurred. If the attorney whose files are inventoried has died, the director or disciplinary counsel may file a claim, with the assistance of the Attorney General, against the estate of the deceased attorney to recover the fees and expenses incurred in connection with the inventory. Any moneys repaid or recovered pursuant to this division shall be deposited in the Attorney Services Fund.(D) Confidentiality; Disqualification. Except as necessary to carry out the order of appointment by disciplinary counsel or bar counsel of a certified grievance committee, the appointed attorney or attorneys shall not disclose any information contained in inventoried files without the written consent of the client to whom the files relate. An appointed attorney may not represent that client.(E) Destruction of Inventoried Files. Seven years after completing an inventory of abandoned files, the Office of Disciplinary Counsel or a certified grievance committee may destroy abandoned files other than original legal documents such as deeds or unprobated wills. Before destroying any abandoned files, the Office of Disciplinary Counsel or a certified grievance committee shall make a reasonable effort to return files to the clients. File destruction shall be conducted in a manner that protects client confidentiality.Amended October 12, 2023, effective 12/1/2023.