(A) The designated attorney may take whatever actions may be required or deemed appropriate under any such circumstance to first protect client interests and secondarily to protect the planning attorney’s interests. This includes but is not limited to reviewing client files of the planning attorney, notifying the planning attorney’s clients of the situation, and maintaining the planning attorney’s practice to the extent feasible or practicable. The attorney designated under this rule also is authorized to prepare final trust accountings for clients, make trust account disbursements, properly dispose of inactive files, arrange for storage of files and trust account records, and otherwise properly wind-up the business of the planning attorney, if required. Upon separate agreement between the planning and designated attorney, the designated attorney may undertake other duties and responsibilities as provided by any such agreement.

   (B) Lawyer-Client Privilege. The designated attorney 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 duties and responsibilities under this rule. A designated attorney shall not examine any document or acquire any information from any file or client containing real or potential conflicts. 

   (C) The designated attorney shall notify in writing all of the present clients of the planning attorney of the reason why the attorney can no longer serve his or her clients and shall also notify in writing all attorneys or opposing counsel involved in pending legal or other matters being handled by the attorney of the reason the attorney can no longer practice law.

   (D) The designated attorney’s responsibilities and duties shall end upon the following:

   (1) a client of the planning attorney retains new counsel; 

   (2) all duties provided under this rule have been completed;  

   (3) to a particular client, when the designated attorney and client engage in their own attorney client relationship;

   (4) the planning attorney has a temporary disability that has resolved, and the planning attorney is able to return to the active practice of law.

§ 3-1103 adopted January 15, 2025, effective November 1, 2025.