Ethics Forum: Questions and Answers on Professional Responsibility

Rule changes on succession may undermine what is really the strength of the bar: the solo practitioner.

There have been discussions by members of the Disciplinary Board, the bar association, and lawyers who practice for the Office of Disciplinary Counsel about lawyers having a retirement plan in place for the transition of files if there is a death or disability. What is happening in that regard?

The current Disciplinary Board had several members who after they were appointed wrote articles or raised the issue that there is a desperate need for lawyers, particularly solo practitioners, to have a retirement plan or an end-game plan. There have been discussions that rules will be drafted in that regard, though no new rule to this writer's knowledge has been prepared or published. Recently, there have been articles by excellent lawyers who are very knowledgeable on professional ethics supporting those type of plans.