Supreme Court of Missouri
en banc
October 5, 2017
Effective October 5, 2017
In re:
Repeal of subdivision 5.26(b), entitled "Designation of Trustee," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.26(b), entitled "Designation of Trustee."
ORDER
1. It is ordered that effective October 5, 2017, subdivision 5.26(b) of Rule 5 be and the same is hereby repealed and a new subdivision 5.26(b) adopted in lieu thereof to read as follows:
5.26 DESIGNATION AND APPOINTMENT OF TRUSTEE
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(b) Designation of Trustee.
(1) At the time of completing the annual enrollment statement required by Rule 6.0l, a lawyer may designate a trustee by specifying the name and the bar number of the trustee and certifying that the trustee has agreed to the designation in a writing in possession of both the lawyer and the trustee. The designation of a trustee shall remain in effect until revoked by either the designated trustee or the lawyer designating the trustee. The lawyer who designates the trustee shall notify the clerk of this Court of any change of designated trustee within 30 days of such change. The clerk shall keep a list of designated trustees and their addresses.
(2) At the time of completing the annual enrollment statement required by Rule 6.01, a lawyer practicing in a fiduciary entity shall state the name and address of the fiduciary entity. Because of the ongoing responsibility of the fiduciary entity to the clients of the lawyer, no trustee shall be appointed for a lawyer practicing in a fiduciary entity.
(3) A lawyer not practicing in a fiduciary entity who does not designate a trustee pursuant to Rule 5.26(b)(1) will be deemed to designate a suitable member of the bar of this state in good standing appointed by an authorized court to perform the duties of a trustee under this Rule 5.26.
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3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice