Rule 66. Appointment of Conservator to Protect Client Interests
Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2021
Effective: January 1, 2021
A.R.S. Sup.Ct.Rules, Rule 66
Rule 66. Appointment of Conservator to Protect Client Interests
(a) Appointment of Conservator. The state bar or any other interested person may petition the presiding judge of a superior court or the presiding judge's designee (“appointing judge”) to appoint one or more eligible persons to act as conservators of the client files and records, client trust accounts and such other affairs of a lawyer or legal paraprofessional or formerly admitted lawyer or formerly admitted legal paraprofessional, as the appointing judge determines appropriate. There shall be no filing fee for petitions for conservator under this rule. The appointing judge shall appoint a conservator if the lawyer or legal paraprofessional maintains or has maintained a law practice within the county, no partner or other responsible successor to the practice of the lawyer or legal paraprofessional is known to exist, and:
(b) Service of Petition. A copy of the petition and any related order to show cause shall be personally served upon the respondent lawyer or legal paraprofessional, the state bar, and upon other persons as provided in Rule 63 governing transfer to disability inactive status. Upon affidavit of petitioner or the state bar that diligent efforts have failed to reveal the whereabouts of respondent, or that respondent is evading service, service shall be made on the respondent by certified mail/delivery restricted to addressee in addition to regular first-class mail, sent to the last address provided by the respondent to the state bar pursuant to Rule 32(c)(3). When service of the petition is made by mail, the state bar shall file a notice of service in the conservatorship matter indicating the time and manner of mailing. Service shall be deemed complete when the notice is filed.
3. The appointing judge shall enter an order granting or denying all or part of the petition. The order shall contain findings of fact and a statement of the grounds upon which the order is based. If no appearance has been entered on behalf of the respondent, a copy of the order shall be served upon respondent in the manner prescribed by section (b) of this rule.
(d) Effect of Petition. The filing of a petition for the appointment of a conservator under these rules shall be deemed, for purposes of any statute of limitations or limitation on time for appeal or vacation of a judgment, as the timely filing in the superior court or other proper court of this state, on behalf of every client of the respondent, of a complaint or other proper process commencing any action, proceeding, appeal or other matter arguably suggested by any information appearing in the files of the respondent if:
Credits
Added June 9, 2003, effective Dec. 1, 2003. Amended Sept. 18, 2006, effective Jan. 1, 2007; June 30, 2010, effective Jan. 1, 2011; Dec. 16, 2015, effective Jan. 1, 2016; Aug. 27, 2020, effective Jan. 1, 2021.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 66, AZ ST S CT Rule 66
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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