I am an older lawyer who is a solo practitioner. Is there anything I should be doing to protect my clients if I should pass away unexpectedly?

It’s never pleasant to think of the death of a lawyer. Lawyers are usually so full of life and so involved in their practice and the community, it’s usually a shock to hear someone is no longer around. But, in terms of responsibilities, the Rules of Professional Conduct don’t have any mandatory requirement for lawyers in terms of planning what happens to their practice. There is a comment to Rule 1.3 of the Rules of Professional Conduct that has suggestions, but is not mandatory. Rule 1.3 is the diligence rule. It requires a lawyer to act with reasonable diligence and promptness in representing a client. Under Comment 5 to the rule, the following is said: “To prevent neglect of client matters in the event of a solo practitioner’s death or disability, the duty of diligence may require that each solo practitioner prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]