Tex. R. Disciplinary P. 13.05

A custodianship conducted by an appointed custodian

under Rule 13.04 shall terminate upon one or more of the following events:

A. The transfer of all active files and other client property in the possession of the

custodian in accordance with the Texas Disciplinary Rules of Professional Conduct, in one

or more of the following means:

1. To attorneys assuming the responsibility for ongoing matters; or

2. To the client or client’s authorized representative, to the extent that the

client is lawfully entitled to such materials.

B. Entry of an order terminating the custodianship from a court with jurisdiction over

the practice under Rules 13.02 and 13.03.

C. The return of the appointing attorney to his or her practice prior to completion of

the custodianship and resumption of representation of active client matters with the

competence to conduct such representation.

In the event there is disagreement about whether the appointing attorney is competent to resume

representation of a client matter upon return to the practice, either the appointed custodian or the

appointing attorney may petition for a determination and or der of a court under Rules 13.02 and

13.03 concerning the resumption of the practice by the appointing attorney and termination of the

custodianship. An appointed custodian may also petition the court for an order concerning the

proper disposition of dormant or closed client files, distribution of active files for which a client is

nonresponsive or cannot be located, and for proper distribution of any client property or other

property being held pursuant to a representation by the appointing attorney, including client funds

held in an IOLTA account.