Oregon Statutes 9.725 – Appointment of bar or attorney as custodian of law practice; duties of custodian, court and financial institution
(1) If the court assumes jurisdiction under ORS § 9.705 to 9.757, it shall appoint the Oregon State Bar or, if the bar declines the appointment, an attorney, to act as custodian of the law practice of the affected member. Immediately upon appointment, the bar shall take possession and control of all property over which the court assumed jurisdiction. The court may order the bar or the appointed attorney to do one or more of the following:
Terms Used In Oregon Statutes 9.725
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(a) Examine the files and records of the law practice and obtain information as to any pending matters which may require attention;
(b) Notify persons and entities who appear to be clients of the affected member that the court has assumed jurisdiction and inform such persons that it may be in their best interest to obtain other legal counsel;
(c) Apply for extensions of time pending employment of other counsel by the client;
(d) File notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained;
(e) Give notice to appropriate persons and entities who may be affected, other than clients, that the court has assumed jurisdiction;
(f) Arrange for the surrender or delivery of clients’ papers or property; and
(g) Do such other acts as the court may direct to carry out the purposes of ORS § 9.705 to 9.757.
(2) The court has jurisdiction over that portion of the files, records and property of the affected member for the purposes of ORS § 9.705 to 9.757 as established in the order, and may make all orders necessary or appropriate to protect the interest of the affected member, the clients of the affected member and the public.
(3) Any financial institution holding funds in a lawyer trust account of the affected member shall release the funds to the bar or the appointed attorney upon presentment of a copy of the order appointing the custodian. The bar or the appointed attorney shall determine the ownership of the funds in the lawyer trust account and distribute the funds as directed by the interested client. Any funds for which ownership cannot be determined or for whom the owner cannot be located shall be turned over to the bar or the appointed attorney as provided in ORS § 98.302 to 98.436.
(4) The court may not charge a filing fee for filing a petition under ORS § 9.715. [1979 c.252 § 6; 1985 c.512 § 7; 1989 c.1052 § 18; 2015 c.6 § 6; 2021 c.497 § 4; 2023 c.72 § 24]