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Title 5. Attorneys and the State Bar

Oklahoma Statutes Citationized
  Title 5. Attorneys and the State Bar
    Chapter 1 - Attorneys and Counselors
      Appendix 1-A - Rules Governing Disciplinary Proceedings
        Article Rule 12. Winding Up Business of Lawyer Who Is Deceased, Incapacitated or Missing Not Pending Disciplinary Proceedings
        Section Sec 12.2 - Action By General Counsel to Ensure Protection of Clients Upon the Receipt of Notice Pursuant to Rule
Cite as: O.S. §, __ __




Rules Governing Disciplinary Proceedings.
Chapter 1, App. 1-A
Rule 12. Winding up Business of Lawyer Who is Deceased, Incapacitated or Missing not Pending Disciplinary Proceedings.
§12.2. Action by General Counsel to Ensure Protection of Clients upon the Receipt of Notice Pursuant to Rule.

(a) Upon the receipt of notice pursuant to Rule 12.1, or in any other case where the General Counsel becomes aware of the death, incapacity or apparent disappearance of a lawyer, the General Counsel shall determine whether the lawyer's law firm or partner, or other appropriate representative of the lawyer, is available to notify and protect the interests of the lawyer's clients. The notification and protection responsibility to be discharged with respect to the clients of a deceased, incapacitated or disappeared lawyer is (1) to address matters requiring immediate attention, and (2) to notify all clients of the lawyer's death, incapacity or apparent disappearance so that the clients may direct the disposition to be made of their files. If the deceased, incapacitated or disappeared lawyer is associated with a law firm, the members of such firm shall be responsible for undertaking and carrying out appropriate client notification and protection activities. If the lawyer's practice is being sold pursuant to Rule 1.17 of the Rules of Professional Conduct, the provisions of such Rule shall be applicable.

(b) The General Counsel shall require the lawyer or lawyers performing, advising or otherwise involved in client notification and protection activities with respect to the clients of a deceased, incapacitated or disappeared lawyer to furnish such reports to the General Counsel as are reasonably necessary to assure that such clients' interests are in fact being protected.

Historical Data


Added by order of December 5, 1996.

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