In addition to any of the foregoing procedures within these rules relating to disability inactive status, disbarment, or suspension of an attorney, the following measures may be taken for the protection of client interests and secondarily for the protection of the lawyer's interests:

   (A) Appointment of a Trustee. If an attorney (i) has been suspended by an order of the Court placing the member on disability inactive status pursuant to § 3-311; (ii) is shown to be unable to properly discharge his or her responsibilities to clients due to disability, disappearance, death, or abandonment of a law practice and there is no showing that a designated attorney was named to discharge the responsibilities; or (iii) has been disbarred or suspended pursuant to §§ 3-310 or 3-312 or has surrendered his or her license under § 3-315 and there has been a failure to comply with § 3-316 client notification requirements, the Court may appoint a lawyer to serve as trustee to inventory the files, sequester client funds, and take whatever other action seems indicated to protect the interests of the clients, affected attorney, and any other affected parties.

   (1) Trustee Bound by Lawyer-Client Privilege. The trustee should be bound by the lawyer-client privilege with respect to the records of individual clients, except to the extent necessary to carry out the order of the Court.

   (2) The trustee shall notify in writing all of the present clients of the affected attorney of the reason for appointment and shall also notify in writing all members and nonresident attorneys involved in pending legal or other matters being handled by the affected attorney of the reason for the appointment.

   (B) Report and Compensation. The trustee shall make reports to the Supreme Court as directed by order of the Court. The trustee may receive compensation for his or her services as established by the Court and may be reimbursed for travel and other expenses incidental to the performance of his or her duties. The trustee shall first seek to be compensated from the affected attorney’s or law firm’s business or operating account and, if the affected attorney is deceased, may secondarily seek payment from the affected attorney’s estate with the personal representative or administrator of the estate. If those funds are insufficient to compensate or reimburse the trustee, the trustee may seek payment from the Counsel for Discipline Cash Fund upon motion and affidavit to the Supreme Court. At its discretion, the Counsel for Discipline may seek reimbursement for the trustee’s fees and expenses for protection for the clients’ interest and secondarily for the protection of the lawyer’s interests, from the affected attorney’s estate, if deceased, through an administrative claim.

Rule 28 adopted September 11, 2002. Renumbered and codified as § 3-328, effective July 18, 2008; § 3-328 amended January 15, 2025, effective November 1, 2025.