Tex. R. Disciplinary P. 13.04

In lieu of

the procedures set forth in Rules 13.02 and 13.03, an attorney ceasing practice or planning for the

cessation of practice (“appointing attorney” for purposes of this Rule) may voluntarily designate a

Texas attorney licensed and in good standing to act as custodian (“custodian attorney” for purposes

of this Rule) to assist in the final resolution and closure of the attorney’s practice. The terms of the

appointing documents, which shall be signed and acknowledged by the appointing attorney and

custodian attorney, may include any of the following duties assumed:

A. Examine the client matters, including files and records of the appointing attorney’s

practice, and obtain information about any matters that may require attention.

B. Notify persons and entities that appear to be clients of the appointing attorney of

the cessation of the law practice, and suggest that they obtain other legal counsel.

C. Apply for extension of time before any court or any administrative body pending

the client’s employment of other legal counsel.

D. With the prior consent of the client, file such motions and pleadings on behalf of

the client as are required to prevent prejudice to the client’s rights.

E. Give appropriate notice to persons or entities that may be affected other than the

client.

F. Arrange for surrender or delivery to the client of the client’s papers, files, or other

property.

The custodian attorney shall observe the attorney- client relationship and privilege as if the

custodian were the attorney of the client and may make only such disclosures as are necessary to

carry out the purposes of this Rule. Except for intentional misconduct or gross negligence, no

person acting as custodian attorney under this Rule shall incur any liability by reason of the actions

taken pursuant to this Rule.

The privileges and limitations of liability contained herein shall not apply to any legal

representation taken over by the custodian attorney.