Section 12.3 - Appointment of Counsel to Protect Interests of Clients of Deceased, Incapacitated or Disappeared Lawyer(a) If it appears to the General Counsel that there is no law firm or partner, personal representative or other appropriate representative of a deceased, incapacitated or disappeared lawyer who will assume the responsibility, as described in Rule 12.2(a), of protecting the interests of the clients of the deceased, incapacitated or disappeared lawyer, or if it subsequently appears that the measures being taken are not adequate to so protect the interests of the lawyer's clients, the General Counsel shall file a petition with the chief judge of the district court of the county of such lawyer's last known residence, requesting that one or more lawyers be appointed to inventory the files of the lawyer and propose to the court necessary or appropriate action as described in Rule 12.2(a), to protect the interests of the clients and the lawyer, and to take such action in that regard as the court shall direct.(b) The attorney-client relationship shall be deemed to extend to all lawyers appointed pursuant to Rule 12.3. The lawyer or lawyers so appointed may take physical possession of the lawyer's files, address any matters requiring immediate attention and turn such files over to the clients or the clients' designees, subject to the court's approval. A record shall be maintained of all facts in said files pertaining to the lawyer's light to fees. While carrying out the foregoing functions, the attorneys so appointed shall be considered as agents of the court, and shall not be liable to any person for their actions taken in good faith. The lawyers so appointed may be compensated for their services, as determined by the court, from any fees owing to the lawyer, and if the amount of such lawyer's fees is insufficient for that purpose, application may be made to the Supreme Court for payment from any available undesignated Bar Association funds.(c) The General Counsel shall continue as a party to all proceedings commenced pursuant to Rule 12.3 until their conclusion and shall be served with all filings and reports.Okla. Stat. tit. 5A , app 1-A § 12.3
Added by order of 12/5/1996.