Q.  I was appointed as the receiver of a recently deceased lawyer’s files. What are my duties?

A.  IRPC 1.3, Comment [5] suggests that lawyers prepare a plan that designates another competent lawyer to review their files in case of death or disability. If no other lawyer is appointed, Illinois Supreme Court Rule 775 allows the presiding judge in the judicial circuit to appoint a receiver. The duties of the receiver include taking custody and making an inventory of files; contacting clients; take steps to sequester funds; and take whatever action necessary to protect the interests of the attorney, his clients, and other parties.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]