Rule 9.307. Duties and Powers of the Interim Administrator

(A) The Interim Administrator is not required to expend his or her own resources when exercising the duties and powers identified in this rule. If the Interim Administrator does expend his or her own resources, the Interim Administrator may request reimbursement under MCR 9.313.

(B) The general duties of the Interim Administrator are to:

(1) take custody of the files and records.

(2) take control of accounts, including lawyer trust accounts and operating accounts.

(3) review the files and other papers to identify any pending matters.

(4) promptly notify all clients represented by the Affected Attorney in pending matters of the appointment of the Interim Administrator. Notification shall be made in writing, where practicable.

(5) promptly notify all courts and counsel involved in any pending matters, to the extent they can be reasonably identified, of the appointment of an Interim Administrator for the Affected Attorney. Notification shall be made in writing, where practicable.

(6) deliver the files, funds, and other property belonging to the Affected Attorney’s Clients pursuant to the clients’ directions, subject to the right to retain copies of such files or assert a retaining or charging lien against such files, money, or other property to the extent permitted by law.

(7) take steps to protect the interests of the clients, the public, and, to the extent possible and not inconsistent with the protection of the Affected Attorney’s Clients, to protect the interests of the Affected Attorney.

(8) comply with the terms of the agreement between the Affected Attorney and the Interim Administrator.

(C) Inventory; Accounting; Reporting.

(1) The Interim Administrator shall file with the court an inventory of the Affected Attorney’s interest-bearing trust accounts for deposit of client and third-party funds within 35 days after entry of the order of appointment, unless an inventory has already been filed with the court.

(2) The Interim Administrator shall account for all receipts, disbursements, and distributions of money and property for the Affected Attorney, including its interest-bearing trust accounts for deposit of client and third-party funds.

(3) The Interim Administrator shall file with the court a final written report and final accounting of the administration of the Affected Attorney and serve a copy of each on the State Bar of Michigan.

(4) The State Bar of Michigan may petition the court for an interim accounting if it has reason to believe the Affected Attorney’s affairs are being mismanaged.

(D) If the Interim Administrator determines that there is a conflict of interest between the Interim Administrator and an Affected Attorney’s Client, the Interim Administrator must notify the client, the State Bar of Michigan, and the circuit court that made the appointment and take all appropriate action under the Michigan Rules of Professional Conduct.

(E) To the extent possible, the Interim Administrator may assist and cooperate with the Affected Attorney and/or the Affected Attorney’s fiduciary in the continuance, transition, sale, or winding up of the Law Firm.

(F) The Interim Administrator may purchase the Law Firm only upon the circuit court’s approval of the sale.