Lawyer Continuity – Lawyer Exit Plans

There are unfortunately instances when we have to consider a strategy to handle our client files in case of disability or death. A death or a prolonged disability for a solo practitioner can present enormous problems for that person’s family and clients. It is therefore important to consider succession planning when you have your own practice. Here are some basic resources to read:

The American Bar Association has resources on Succession Planning with links to ABA Model Rules of Professional Conduct, ethics opinions, and reports from various states. Go here for ABA Resources.

The New York State Bar Association has the NYSBA Planning Ahead Guide: How to Establish an Advance Exit Plan to Protect Your Clients’ Interests in the Event of Your Disability, Retirement or Death. Read here for the book, which also includes sample checklists and forms.

The Fourth Department has a rule enabling the court to appoint an attorney to protect the clients’ interests. See here.


Eve Guillergan, Esq.
Small Law Firm Center, NYC Bar