Involuntary Closing
Planning for the Unexpected
“Planning for the Unexpected” outlines the steps that lawyers and their successors should take while proactively protecting clients and colleagues in the event of the lawyer’s absence, disability or death. While there are no specific rules for winding down a practice, whether planned or unplanned, this guide focuses on the ethical obligations when closing a law practice. If you practice on your own and do not have a transition plan, look to this guide to help you prepare for any unexpected event.
Designating a Successor
Succession planning is an essential part of every lawyer’s practice. Significant ramifications can occur if clear procedures are not in place during an untimely death, disability or discipline situation for a law firm and the firm’s clients. Highlighted in this section are instructions and forms to help lawyers prepare for these untimely events.
- Establishing an Advance Exit Plan: Steps to Take When Leaving Due to Personal Reasons, Disability or Death
- Checklist to Protect Clients’ Interest in the Event of the Lawyers’ Disability, Incapacity or Death
- Limited Power of Attorney
- Specimen Signature of Attorney-in-Fact
- Notice of Designated Successor
- Letter of Understanding
- State Bar of Georgia Succession Planning Form
- Sample Will Provisions
- Agreement to Close Law Practice in the Future
- Authorization and Consent to Close Law Office Agreement to Close Law Practice
- Limited Power of Attorney to Manage Law Practice at a Future Date
- Special Provisions for Attorney’s Will: Instructions Regarding My Law Practice
- Sample Fee Agreements and Engagement Letter with Provisions to Close Practice
- Letter from Absent Attorney Advising That Lawyer is Closing Law Office
- LPM Succession Planning Materials List
Successor Attorney Responsibilities
The Successor Attorney designated to manage or close another attorney’s office will face myriad responsibilities, some of which will require immediate action. If you are an attorney or the fiduciary that must manage the responsibilities of closing another lawyer’s law practice, the steps to protect clients’ interest and forms included in this chapter will guide you through this process.
- Information for the Attorney Who Has Been Designated as a Successor, Caretaker or Closer of a Law Practice
- Checklist for the Fiduciary of a Sole Practitioner
- Checklist Closing Another Attorney’s Office
- Letter from Closing or Successor Attorney Advising That Lawyer is Unable to Continue Law Practice
- Letter from Firm Offering to Continue Representation
Frequently Asked Questions
This section reviews some of these issues and the various arrangements that the Absent Attorney and the Successor Attorney can make.