In 2021, the Texas Supreme Court adopted Rule 13.04 of the Texas Rules of Disciplinary Procedure which authorizes a lawyer (the “appointing attorney”) to voluntarily designate a custodian attorney to assist with the appointing attorney’s cessation of practice. While a much needed Rule to address the aging lawyer population and the fact that few attorneys have plans in place for their cessation of practice, Rule 13.04 failed to address how or when such a voluntary custodianship should terminate. New Rule 13.05 now gives that guidance.  

Specifically, a voluntary custodianship shall terminate upon one or more of the following:  

a transfer of all active files to a) other attorneys assuming responsibility; or b) the client or client’s representative;  entry of a court order terminating the custodianship; or   the return of the appointing attorney to his or her practice. 

New Rule 13.05 recognizes…