Alaska Bar R. 31

(a) Appointment; Procedure. Whenever an attorney is

deceased, has disappeared or abandoned the practice of law

leaving a client matter unattended, or been transferred to

disability inactive status because of incapacity or disability

(hereinafter “unavailable attorney”) and no partner of the

attorney or shareholder in the professional corporation of

which the unavailable attorney was an employee is known to

exist, Bar Counsel will petition the superior court in the

judicial district in which the unavailable attorney maintained

an office for the appointment of trustee counsel to represent the

interests of the unavailable attorney and his or her clients. This

petition will be made ex parte, will state the basis for its filing,

and will state that the appointment of trustee counsel is

necessary for the protection of the unavailable attorney and his

or her clients. The petition will be heard ex parte, unless the

court otherwise directs, at the earliest available time. Bar

Counsel shall submit to the superior court the names of

attorneys who have agreed to serve voluntarily as trustee

counsel. The superior court shall make appropriate inquiries to

ascertain that a volunteer attorney possesses qualifications

suitable to perform the duties of trustee counsel. In the event

there are no volunteer attorneys, the superior court shall

appoint a suitable attorney actively practicing law in the

judicial district in which the unavailable attorney maintained

his or her office. Only attorneys who maintain errors and

omissions insurance coverage may be appointed as trustee

counsel.

(b) Powers and Duties. The order granting the petition

will grant the trustee counsel all the powers of a personal

representative of a deceased under the laws of the State of

Alaska insofar as the unavailable attorney’s practice is

concerned. It will further direct the trustee counsel to

(1) notify promptly, by certified or registered mail, return

receipt requested, all clients being represented in pending

matters, other than litigation or administrative proceedings, of

the basis for the entry of the order and of the need to seek legal

advice from another attorney;

(2) notify promptly, by certified or registered mail, return

receipt requested, all clients who are involved in pending

litigation or administrative proceedings of the basis for the

entry of the order and that they should promptly seek the

substitution of another attorney;

(3) promptly inventory all of the open files of the

unavailable attorney and, with respect to each open file,

prepare a brief summary of each file to include name of

client(s), nature of legal matter, and status of legal matter and

an accounting of the costs and fees involved; and

(4) Trustee counsel shall have the same authority to

collect accounts receivables and assert the same claims as the

unavailable attorney would have. The notices required in this

section of the Rule will inform clients

(A) of the lien of the unavailable attorney, or of the estate

of the deceased attorney, on all his or her files;

(B) of the requirement that all transfers of files require

suitable arrangements regarding costs and fees;

(C) of the trustee counsel’s authority to arrange the

payment of the costs and fees by the clients of the unavailable

attorney before any transfer of the files to substitute counsel.

(5) render an accounting of office, trust or other bank

accounts.

(6) Trustee counsel will be bound by the attorney-client

privilege with respect to client confidences contained in the

records of the unavailable attorney, except to the extent

necessary to effect the order appointing him or her trustee

counsel. The superior court shall issue an order staying any

pending state court proceedings in which the unavailable

attorney was counsel of record for a period of time not to

exceed 60 days. The unavailable attorney shall remain attorney

of record during the period of stay or until substitute counsel

has entered an appearance, whichever occurs first.

(c) Requirement of Bond. The superior court may

require the trustee counsel to post bond, conditioned upon the

faithful performance of his or her duties.

(d) Disposition of Assets. Any monies or assets

remaining after the completion of the client matters, and after

compensation of trustee counsel, will be returned to the

unavailable attorney or to his or her guardian. In the case of a

deceased attorney any monies or assets remaining after the

completion of the client matters shall be returned to the

personal representative and trustee counsel shall apply for

compensation under section (g).

(e) Force and Effect of Appointment. The powers and

duties of a trustee counsel are not affected by the appointment

of a guardian or personal representative or by any other rule or

law of the State.

(f) Reports to Bar Counsel. Trustee counsel appointed

under this Rule will make written reports to Bar Counsel

within six months of the date of the order appointing him or

her as trustee, and every six months thereafter until completion

of his or her duties under this Rule. The report will state the

progress made under Section (b) of this Rule and the work to

be accomplished within the next six month period.

(g) Compensation.

(1) Any attorney serving as trustee counsel shall be

entitled to compensation for reasonable fees and costs incurred

in the performance of duties set forth in this Rule. Trustee

counsel may seek payment of fees and costs from the estate of

the unavailable attorney. Such a bill for fees and costs must be

approved by the court as reasonable.

(2) An attorney who serves as trustee counsel may

substitute as counsel for a client of the unavailable attorney

after disclosure to the client that the client is free to select any

attorney to substitute as counsel for the unavailable attorney

and after obtaining the client’s consent to substitution.

(3) In the event that the estate of the unavailable attorney

is insufficient to compensate trustee counsel, an attorney

appointed to serve as trustee counsel may submit a claim to the

Board of Governors of the Alaska Bar Association. Reasonable

compensation paid from the Lawyers’ Fund for Client

Protection shall be determined by the Board.

(h) Discharge of Trustee: Destruction of Files. After

completion of his or her duties under this Rule, trustee counsel

will submit a final report to the Court. The Court will review

the report and will discharge the trustee. The trustee counsel

will deliver to the Alaska Bar Association any files belonging

to clients who cannot be located. The Alaska Bar Association

will store the files for one year, after which time the Bar may

exercise its discretion in maintaining or destroying the files.