2021 Oregon Revised Statutes
Chapter 009 - Attorneys; Law Libraries
Section 9.725 - Appointment of bar or other attorney as custodian of law practice; duties of custodian, court and financial institution.


(a) Examine the files and records of the law practice and obtain information as to any pending matters which may require attention;
(b) Notify persons and entities who appear to be clients of the affected attorney that the court has assumed jurisdiction and inform such persons that it may be in their best interest to obtain other legal counsel;
(c) Apply for extensions of time pending employment of other counsel by the client;
(d) File notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained;
(e) Give notice to appropriate persons and entities who may be affected, other than clients, that the court has assumed jurisdiction;
(f) Arrange for the surrender or delivery of clients’ papers or property; and
(g) Do such other acts as the court may direct to carry out the purposes of ORS 9.705 to 9.757.
(2) The court has jurisdiction over that portion of the files, records and property of the affected attorney for the purposes of ORS 9.705 to 9.757 as established in the order, and may make all orders necessary or appropriate to protect the interest of the affected attorney, the clients of the affected attorney and the public.
(3) Any financial institution holding funds in a lawyer trust account of the affected lawyer shall release the funds to the bar or the appointed attorney upon presentment of a copy of the order appointing the custodian. The bar or the appointed attorney shall determine the ownership of the funds in the lawyer trust account and distribute the funds as directed by the interested client. Any funds for which ownership cannot be determined or for whom the owner cannot be located shall be turned over to the bar or the appointed attorney as provided in ORS 98.302 to 98.436.
(4) The court may not charge a filing fee for filing a petition under ORS 9.715. [1979 c.252 §6; 1985 c.512 §7; 1989 c.1052 §18; 2015 c.6 §6; 2021 c.497 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 009 - Attorneys; Law Libraries

Section 9.005 - Definitions for ORS 9.005 to 9.757.

Section 9.010 - Status of attorney and Oregon State Bar; applicability of statutes.

Section 9.025 - Board of governors; number; eligibility; term.

Section 9.030 - Voting rights; eligibility of members for board of governors and house of delegates.

Section 9.040 - Election of governors; rules; vacancies.

Section 9.042 - Determination of eligibility of candidate for board of governors; procedure; review by Supreme Court.

Section 9.050 - Recall or removal of governors.

Section 9.070 - Duties of president and president-elect; deposit and disbursement of fees.

Section 9.080 - Duties and authority of bar and of board of governors; professional liability fund; quorum; status of employees of bar.

Section 9.136 - House of delegates created; membership; terms.

Section 9.139 - Powers of house of delegates.

Section 9.142 - Rules for conduct of business; meetings.

Section 9.148 - Participation by nondelegates; referral of question for vote; petition for consideration or vote.

Section 9.150 - Termination of delegate’s term.

Section 9.152 - Election of delegates; rules.

Section 9.160 - Bar membership required to practice law; exceptions.

Section 9.162 - Definitions for ORS 9.160 to 9.166.

Section 9.191 - Annual membership fees; professional liability assessments.

Section 9.200 - Effect of failure to pay membership fees; reinstatement.

Section 9.210 - Board of bar examiners; fees of applicants for admission to bar.

Section 9.220 - General requirements for admission.

Section 9.241 - Practice of law by attorneys licensed in other jurisdictions; associate membership; rules; fee.

Section 9.242 - Advice on law of foreign jurisdiction; rules.

Section 9.250 - Order for admission; oath of qualified applicant.

Section 9.261 - Resignation of attorney.

Section 9.280 - Prohibition on acting as immigration consultant; definitions; exception.

Section 9.370 - Compelling delivery when attorney claims lien.

Section 9.380 - Changing attorneys and terminating attorney-client relationship.

Section 9.460 - Duties of attorneys.

Section 9.490 - Formulation of rules of professional conduct; prohibition on certain sanctions for violation of rule.

Section 9.515 - Referral of claims, suits or actions between attorneys; division of fees.

Section 9.527 - Grounds for disbarment, suspension or reprimand.

Section 9.528 - Advice on conducting covert operations; participation in covert operations.

Section 9.534 - Disciplinary board; procedure before board; oaths; subpoenas; hearing; record.

Section 9.536 - Disciplinary board decision; appeal to Supreme Court; review; costs.

Section 9.537 - Civil immunity of witnesses, bar officials and employees.

Section 9.542 - Rules for investigation of attorneys and applicants; authority of board of governors to require fingerprints.

Section 9.555 - Copy of complaint or notice to Attorney General when bar is plaintiff or defendant; exceptions.

Section 9.565 - Tax return information from Department of Revenue; use.

Section 9.568 - State lawyers assistance committee; personal and practice management assistance committees; rules; confidentiality; civil immunity.

Section 9.572 - Bar to establish Legal Services Program; director; advisory and technical committees.

Section 9.576 - Review of providers; mediation; hearing; suspension of funding.

Section 9.582 - Use of amounts not paid to class members in class action lawsuits.

Section 9.635 - Sources of client security fund.

Section 9.655 - Investigation of claim of loss; subpoena.

Section 9.657 - Immunity from civil liability.

Section 9.665 - Authority for reimbursement of client; waiver of conditions; subrogation for amount paid.

Section 9.675 - Mandatory certification and disclosures for lawyer trust accounts.

Section 9.685 - Trust account overdraft notification program.

Section 9.695 - Status of files or work premises of lawyer; inadmissibility of evidence subject to search or seizure.

Section 9.705 - Definitions for ORS 9.705 to 9.757.

Section 9.710 - Jurisdiction of circuit court over law practice of nonperforming attorney.

Section 9.715 - Petition to take jurisdiction over law practice.

Section 9.725 - Appointment of bar or other attorney as custodian of law practice; duties of custodian, court and financial institution.

Section 9.757 - Retention of client materials.

Section 9.815 - County law libraries and law library services.

Section 9.820 - Law libraries in Multnomah County.

Section 9.825 - Law library surveys; reports.

Section 9.990 - Penalties.