Section 2-64.Appointment of Attorney To Protect Clients’ and Attorney’s Interests
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceWhen an attorney goes on inactive status, gets suspended or disbarred, resigns, or dies, the court can appoint another attorney to inventory their files and protect both the clients' and the attorney's interests.
(a)Whenever an attorney is placed upon inactive status, suspended, disbarred, or resigns, the court, upon such notice to him or her as the court may direct, shall appoint an attorney or attorneys to inventory the files of the inactive, suspended, disbarred or resigned attorney and to take such action as seems indicated to protect the interests of the attorney’s clients. The court may also appoint an attorney to protect the interests of the attorney placed on inactive status, suspended, disbarred or resigned with respect to such files, when the attorney is not otherwise represented and the court deems that such representation is necessary. If the discipline imposed is not effective immediately as a result of an appeal or stay, the court, after the hearing and consideration of the merits of the appeal or reason for the stay, may issue interim orders to protect the public during the pendency of the appeal period or stay, until the discipline order becomes effective. In case of an attorney’s death, the court may appoint an attorney where no partner, executor or other responsible party capable of conducting the deceased attorney’s affairs is known to exist or willing to assume the responsibility.
(b)Any attorney so appointed by the court shall not be permitted to disclose any information contained in any file so inventoried without the consent of the client to whom such file relates except as is necessary to carry out the order of the court which appointed the attorney to make such inventory.
(c)Not less frequently than once each year and at such time as the attorney may be returned to active status, reinstated or readmitted to the practice of law or when the attorney appointed to protect clients’ interests has finished rendering services to those clients, the appointed attorney shall file with the court, for its examination and approval, a report showing fees earned from the clients of the attorney, necessary disbursements, and the amount requested by the appointed attorney as a fee for services rendered, to be paid out of the funds received. Any attorney so appointed by the court for the inactive, suspended, disbarred, resigned or deceased attorney may also be reimbursed for his or her services from any amount found to be due to the inactive, suspended, disbarred, resigned or deceased attorney for services rendered to such clients. All attorney’s fees paid to any attorney appointed hereunder shall be subject to court approval.
(d)Unless the attorney appointed to protect clients’ interests is a partner or associate of the attorney, if the attorney is returned to active status, reinstated or readmitted, the appointed attorney shall immediately cease representing the clients of the attorney and shall return to the reinstated or readmitted attorney, or to the attorney returned to active status, such files as the appointed attorney may have received, and the appointed attorney and partners and associates shall not represent any person who was a client of the reinstated or readmitted attorney, or who was a client of an attorney returned to active status, on or before the date when he or she was placed upon inactive status, suspended, disbarred or resigned, unless the court which entered the order directing reinstatement, readmission, or return to active status shall order otherwise after written request to the court by the client whose interest is involved.
Amendment History
(P.B. 1978-1997, Sec. 46B.) (Amended June 24, 2002, to take effect July 1, 2003; May 1, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004.)
Plain-English Summary
This rule lets the court appoint an attorney to step in when a lawyer is placed on inactive status, suspended, disbarred, or resigns. The appointed attorney inventories the files of the affected attorney and takes whatever action protects the clients' interests. The court may also appoint an attorney to protect the affected attorney's own interests in those files if the attorney isn't otherwise represented and the court finds representation necessary. If discipline isn't yet effective because of an appeal or stay, the court can issue interim orders to protect the public until the discipline takes effect. The court may also make an appointment after an attorney's death if no partner, executor, or other responsible party is available or willing to handle the deceased attorney's affairs.
The appointed attorney can't disclose information from any inventoried file without the client's consent, except as necessary to carry out the court's order. At least once a year, and whenever the affected attorney returns to active status, is reinstated or readmitted, or the appointed attorney finishes serving those clients, the appointed attorney must file a report with the court showing fees earned, necessary disbursements, and the fee requested for their own services. The appointed attorney may also be reimbursed from amounts due to the affected attorney for services rendered to those clients, subject to court approval. Unless the appointed attorney is a partner or associate of the affected attorney, once that attorney returns to active status, is reinstated, or is readmitted, the appointed attorney must immediately stop representing those clients, return their files, and refrain from representing any of those former clients going forward — unless the court orders otherwise after a written request from the client.
Frequently Asked Questions
When can the court appoint an attorney to protect another attorney’s clients?
Whenever an attorney is placed on inactive status, suspended, disbarred, resigns, or dies without a partner, executor, or other responsible party available to handle their affairs.
Can the appointed attorney disclose what’s in a client’s file?
No, not without the client’s consent, except as necessary to carry out the court’s order appointing the attorney to inventory the file.
Does the appointed attorney get paid?
Yes. The court can approve fees earned from the clients and reimbursement from amounts owed to the affected attorney, but all fees are subject to court approval.
What happens to the appointed attorney’s role once the attorney returns to active status?
Unless the appointed attorney is a partner or associate of the returning attorney, they must immediately stop representing those clients, return the files, and generally may not represent those former clients afterward unless the court orders otherwise.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 2-64). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:appointed attorney protect clients inactive attorneyinventory files disbarred attorney CTattorney appointed after lawyer diesprotecting clients of suspended attorney Connecticut