Protecting the Client's Interests in the Event of the Lawyer's Death or Disability
The WSBA provides the checklists on the right as a convenience for members seeking guidance on the best way to close a practice when retiring or to assist a survivor of a deceased or disabled lawyer in closing a practice.
ABA Formal Opinion 92-369 states that to fulfill the obligation to protect client files and property, a lawyer , especially a solo practitioner, should prepare a future plan for the maintenance and protection of those client interests in the event of the lawyer's death. Such a plan should include at a minimum the designation of another lawyer who would have the authority to review client files and make determinations as to which files need immediate attention and who would notify the clients of the lawyer's death. A lawyer who assumes responsibility for the client files and property of a deceased lawyer must review the files carefully to determine which files need immediate attention. Because the reviewing lawyer does not represent the client, only as much of the file as is needed to identify the client and to make a determination as to which files need immediate attention should be reviewed. Reasonable efforts must be made to contact all clients to notify them of the death and to request instructions.
The first step in planning process is for the lawyer to find another lawyer willing and able to be the assisting lawyer in the event of death, disability, impairment or incapacity of the requesting lawyer. A written consent form should be signed authorizing the assisting lawyer to contact clients for instructions on transferring their files, authorization to obtain extensions of time in litigation and general authorization to do anything necessary to close the practice, such as winding down financial affairs, providing final accountings to clients, collecting fees and selling the practice.
Allowing access to the trust account is a serious matter. Careful consideration should be made of the person to handle the account. If you give some one control of the trust account, you as the lawyer remain responsible. If the assisting person misappropriates money, the lawyer or his estate may be held responsible.
Download Forms and Materials
[Note: These materials are based upon a booklet published by the Oregon State Bar Professional Liability Fund entitled Planning Ahead: A Guide to Protecting Your Clients' Interests in the Event of Your Death or Disability, which has been edited for Washington lawyers.]
Voluntarily Closing Your Practice
Contact LOMAP for guidance about the nuances and timing of these steps.
Summary Checklist
1. Amounts Owed from Clients (Accounts Receivable): Ensure that these
balances are paid or total in the aggregate in the low four figures BEFORE
you announce your intentions to anyone.
2. Give notice to staff
(The order of the following steps may vary.)
3. Cease taking new matters from new clients
4. Cease taking new matters from existing clients
5. Give notice of termination of any rental/lease agreements
6. Give notice to clients
7. Conclude active cases
8. Transfer files to new lawyer
9. Give files to clients
10. Deal with retained files such as closed files and original wills
11. Finalize accounting
12. Prepare time records and list of work in progress
13. Meet with Accountant
14. Close accounts such as banking law firm accounts
15. Client Trust Accounts (after audit)
16. Deal with unclaimed funds
17. Lenders
18. Accounts Receivable
19. Safe Deposit Box
20. Notify Bar Association and professional organizations
21. Other Bar Associations
22. Notify Insurance Carriers such as malpractice, premises liability
23. Fringe benefits such as health, life, disability
24. Check with financial planner re retirement plans: IRAs, SEP, 401K
25. Cancel other memberships, subscriptions
26. Take down computer system
27. Determine disposition of furniture, fixtures, library, art, etc.
28. Notify post office, legal messengers
29. Notify telephone companies and have forwarding number
30. Write goodwill farewell thank you notes
31. Deal with unresolved matters
32. Enjoy the next steps in your path!