Starting a Practice and Succession Planning for Lawyers in ...€¦ · the areas of juvenile law...

Starting a Practice and Succession Planning for Lawyers in Greater Nebraska

FRIDAY SEPTEMBER 20, 2019 KEARNEY

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9:00 am

ACCREDITATION for Nebraska2.0 CLE CREDIT HOURS AND 1.0 ETHICS CREDIT

LIVE / REGULAR NE MCLE #178528

Starting a Practice and Succession Planning for

Lawyers in Greater Nebraska

Basics of Star ng a Law Prac ce in Rural Nebraska

Have you considered star ng your own law prac ce? If so, it’s diffi cult to know where and how to start. In this

one-hour CLE, you will learn the basics of star ng your own law prac ce [par cularly in a rural community],

how to manage the business side of the prac ce of law, how to fi nd a mentor, how to get your fi rst cases, and fi nd

out what other resources are available on the topic.

Prac cal and Ethical Succession Planning for Lawyers in Greater Nebraska

This presenta on will discuss applicable Nebraska Ethics Rules (§3-501.4). Nebraska Ethics Advisory Opinions

(12-09; 12-07; and 17-01), and the American Bar Associa on’s Formal Opinion 471, as they relate

to the ethical and prac cal reasons for lawyers and law fi rms to engage in meaningful succession planning,

including successor a orney designa on for solo prac ces.

The discussion is intended to focus on issues specifi c to the demographic of lawyers basing their prac ce in

Greater Nebraska and other rural se ngs.

Topics covered will include: successor selec on, competence, diligence, safekeeping

of fi les and client property, winding down and closing, other kinds of transi ons to a prac ce, and dealing

with the unforeseen absence, disability, or death.

TANA M. FYE

DAN LINDSTROM

10:00 am [ethics]

FREE CLE

PLEASE REGISTER TO ATTEND

6TH ANNUAL Rural Practice Initiative Associate and Summer Clerkship Placement Program

IN PERSON INTERVIEWS

FRIDAY SEPTEMBER 20, 2019K E A R N E Y C O U N T R Y C L U B2800 19th AVENUE KEARNEY

CLERKSHIPINTERVIEWS

9:00 am - 11:00 am 12:00 pm - 5:00 pm

Students par cipa ng in the program can support your fi rm while gaining prac cal experience.

In-person interviews for our clerkship program or full- me employment will take place following the CLE Seminar.

The goal is to provide 15-20 minutes for each interview.

We es mate that each a orney will have the opportunity to interview at least six students in the a ernoon.

A orneys and students will have an addi onal opportunity to meet and converse at a recep on following the formal interview session.

In an eff ort to provide a orneys and law students with an opportunity to experience the prac ce of law in Greater Nebraska, the Nebraska State Bar Associa on is conduc ng its sixth annual Rural Prac ce Ini a ve Program.

SPONSORED BY:

CLE SEMINAR

FACULTY BIOS

TANA M. FYE Fye Law Offi ce

Tana M. Fye is the principal attorney at Fye Law Office, in Holdrege, Nebraska. She practices predominantly in the areas of juvenile law and criminal defense, but she also handles estate planning, probate, and nonprofit/LLC formations. She graduated from The University of South Dakota School of Law and then clerked for ten judges of the Second Judicial Circuit of South Dakota after graduation and before starting her own law practice. In addition to private practice, Tana spent six years as a Deputy Public Defender in Buffalo County, where she had the opportunity to represent adults and juveniles in felony, misdemeanor, juvenile, and mental health board cases.

DAN LINDSTROM Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.

Dan Lindstrom is the president and managing shareholder of the Kearney, Nebraska law fi rm of Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O. Lindstrom represents clients throughout Nebraska in agriculture and agribusiness, ethanol and biofuels, real estate and water law, business and litigation matters. He has been a member of the NSBA Law Practice Management Section for a number of years and currently chairs the Law Practice Management Committee of the Nebraska Defense Counsel Association.

Basics of Starting a Law Practice in Rural Nebraska

Tana M. Fye Fye Law Offi ce

9/19/2019

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Basics of Starting a Law Practice in Rural NebraskaBasics of Starting a Law Practice in Rural Nebraska

Tana M. Fye, Fye Law OfficeTana M. Fye, Fye Law Office

My BackgroundMy Background

Graduated from The University of South Dakota School of Law 2009

Law Clerk for the 2nd Judicial Circuit, South Dakota 2009-2010

Started Fye Law Office in Rapid City, South Dakota 2010

Relocated to Holdrege, Nebraska and restarted Fye Law Office 2011-Present

Part-Time Deputy Public Defender for Buffalo County 2012-2018

Hired associates and helped to build their practices

Graduated from The University of South Dakota School of Law 2009

Law Clerk for the 2nd Judicial Circuit, South Dakota 2009-2010

Started Fye Law Office in Rapid City, South Dakota 2010

Relocated to Holdrege, Nebraska and restarted Fye Law Office 2011-Present

Part-Time Deputy Public Defender for Buffalo County 2012-2018

Hired associates and helped to build their practices

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Rural Practices vs. Urban PracticesRural Practices vs. Urban Practices

Rural Law PracticeRural Law Practice

Smaller Legal Community Closer relationship with judges Generally more cordial Legal market not generally saturated Expectation that most attorneys will take

court appointed cases Generally higher court appointment rate More difficult to be choosy about types of

cases/specialize earlier in career Travel to other counties to be expected

Smaller Legal Community Closer relationship with judges Generally more cordial Legal market not generally saturated Expectation that most attorneys will take

court appointed cases Generally higher court appointment rate More difficult to be choosy about types of

cases/specialize earlier in career Travel to other counties to be expected

Urban Law PracticeUrban Law Practice

Larger Legal Community More distant relationship with judges Generally more cordial Legal market generally saturated No expectation to take court appointed

cases Generally lower court appointment rate Easier to be choosy about types of

cases/specialize earlier in career Travel to other counties not always

expected

Larger Legal Community More distant relationship with judges Generally more cordial Legal market generally saturated No expectation to take court appointed

cases Generally lower court appointment rate Easier to be choosy about types of

cases/specialize earlier in career Travel to other counties not always

expected

The Business of LawThe Business of Law

Paper files vs. paperless

Hardware and furniture

Software

Billing and Accounting

Insurance

Form of Business

Overhead

Office Space

Paper files vs. paperless

Hardware and furniture

Software

Billing and Accounting

Insurance

Form of Business

Overhead

Office Space

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HardwareHardware

HardwareHardware

Computer (I prefer laptops)

Windows Surface/Chromebook/iPad (maybe)

Portable Printer (if totally paperless)

Laser Printer

Copier

Scanner

Phone

Computer (I prefer laptops)

Windows Surface/Chromebook/iPad (maybe)

Portable Printer (if totally paperless)

Laser Printer

Copier

Scanner

Phone

Desk

Comfortable Office Chair

A couple of chairs for clients

Desk

Comfortable Office Chair

A couple of chairs for clients

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SoftwareSoftware

OneNote

Microsoft Office—Word, Excel/WordPerfect/Google Docs, Sheets, Etc.

Dropbox/Box/Google Drive/Etc.

RingCentral

Clio/Rocketlawyer/Etc.

Google Voice

Harvest (see next slide)

Xero/Quickbooks (see next slide)

OneNote

Microsoft Office—Word, Excel/WordPerfect/Google Docs, Sheets, Etc.

Dropbox/Box/Google Drive/Etc.

RingCentral

Clio/Rocketlawyer/Etc.

Google Voice

Harvest (see next slide)

Xero/Quickbooks (see next slide)

Billing and AccountingBilling and Accounting

Harvest

Xero

Quickbooks Desktop/Online

Harvest

Xero

Quickbooks Desktop/Online

Consistency in Billing Date Range

County Claims

Setting Fees

Retainers

Payment Plans

Collections

Consistency in Billing Date Range

County Claims

Setting Fees

Retainers

Payment Plans

Collections

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InsuranceInsurance

Malpractice Insurance (Minnesota Lawyers Mutual, ALPS)

Liability Insurance (for premises)

Workers Compensation Insurance

Umbrella Insurance

Talk to your insurance agent about your needs

Malpractice Insurance (Minnesota Lawyers Mutual, ALPS)

Liability Insurance (for premises)

Workers Compensation Insurance

Umbrella Insurance

Talk to your insurance agent about your needs

Form of BusinessForm of Business

Sole Proprietorship

Professional Partnership

Professional Corporation

Not just a regular Limited Liability Company

Do you know why?

Sole Proprietorship

Professional Partnership

Professional Corporation

Not just a regular Limited Liability Company

Do you know why?

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OverheadOverhead

KEEP OVERHEAD LOW!!!

Reevaluate your needs and expenses as you go.

KEEP OVERHEAD LOW!!!

Reevaluate your needs and expenses as you go.

Office Space: Rapid City, SDOffice Space: Rapid City, SD

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Office Space: Holdrege #1Office Space: Holdrege #1

Office Space: Holdrege #2Office Space: Holdrege #2

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Office Space: Kearney Satellite OfficeOffice Space: Kearney Satellite Office

Office Space: Holdrege (Currently)Office Space: Holdrege (Currently)

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Practical and Ethical Succession Planning for

Lawyers in Greater Nebraska

Dan Lindstrom Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.

Practical & Ethical Succession Planning for Lawyers in Greater Nebraska

Outline by Jacobsen Orr law clerk David Fuxa

For Presentation by Dan Lindstrom at NSBA RPI

September 20, 2019

Contents

I. Introduction 3

II. Designate a Successor 4

Step 1: Find a Buddy 4

1A: Ensure Competency 4

1B: Check for Conflicts 5

1C: Discuss Fees 5

III. Write it Down 6

Step 2: Put it in Writing 6

2A: Detail Contact Information 6

2B: Include Passwords, Access Codes, Keys, etc. 6

2C: Keep it Safe 6

IV. Respect Client Interests 7

Step 3: Let the Client Know 7

3A: Notify the Client of the Plan 7

3B: (Optional) Request Client Consent 7

Step 4: Safeguard Client Property (Files and Fees) 7

V. Maintain the Plan 8

Step 5: Update the Plan 8

Step 6: Stay Organized 8

VI. Conclusion 8

Introduction

As of 2015, around one-third of lawyers had practiced for more than 30 years and one-in-ten

had practiced for more than forty years.Thus, one-third of Nebraska lawyers are at least 55+. Of the

surveyed lawyers, around 25% were solo practitioners, one-third work in firms with fewer than five

people, and almost two-thirds work in firms with less than ten people.

Sole practitioners and any aging lawyer should make a contingency plan to take effect with any

sudden change in their ability to practice law – like death, disability, or sudden retirement. There is no

obligation under the rules to make such a plan, but it is strongly implied. A lawyer is required to “act

with reasonable diligence and promptness in representing a client.”To “prevent neglect . . . the duty of

diligence may require that each sole practitioner prepare a plan . . . 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.”If a plan is not in place at the time of death or disability,

the court “shall appoint a lawyer or lawyers to inventory the files of the [incapacitated lawyer], and take

such action as seems indicated to protect the interests of the [incapacitated lawyer] and his or her

clients.”Under these rules, a lawyer should strongly consider creating a contingency plan to take effect

on the lawyer’s death or disability. The plan does not have to be extensive. At a minimum, the plan

should “include the designation of another lawyer who would have the authority to look over the sole

practitioner’s files and make determinations as to which files needed immediate attention, and provide

for notification to the sole practitioner’s clients of their lawyer’s death [or disability]”. A more

comprehensive plan can further protect client interests by notifying the clients, obtaining client

informed consent, discussing fee arrangements, and staying current.

As with many things, a succession plan is better done early than late and any succession plan is

better than no succession plan. When formulating this plan, “hope is not a strategy.”“In death as in life,

it is better to plan than to leave things to chance.”With procrastination, a senior lawyer “endangers his

hard-earned reputation, plac[es] his clients in jeopardy, and subject[s] himself or his estate to a

malpractice claim in the future.”While succession planning “may reveal some inconvenient truths and

unearth necessary changes . . . it will ultimately benefit the planning attorney in the long run.”“The truth

hurts . . . [but] there is nothing so strong or safe in an emergency of life as the simple truth.”

As discussed below, unlike layperson succession planning, a lawyer must be wary of ethical

obligations and ethical limitations before planning a succession plan. First, in designating a successor

attorney the attorney should consider competency and conflicts of interest. Second, the attorney should

document the plan. Third, the lawyer should consider client interests and autonomy. Fourth, the

attorney should prepare for the transition by getting their house in order and maintaining order. By

following all or some of these guidelines, an attorney can find peace of mind in knowing that his or her

practice will smoothly transition should the unexpected hit.

Designate a Successor

Step 1: Find a Buddy

Ensure the appointed success is willing, competent, and trustworthy.

A named successor is not immediately taking over the practice in the event of a catastrophe.

The successor is agreeing to be the “first contact should the need arise.”A successor is someone who is

available to “step in and protect the clients’ interests if the lawyer is no longer able to do so.This can be

a friend and the agreement can be reciprocal.When picking a successor, some factors to consider are:

competency, trustworthiness, similar skills, and willingness.

1A: Ensure Competency

Under the Nebraska Professional Rules of Conduct, § 3-501.1, a lawyer must competently

represent a client. When seeking a successor, the lawyer should ensure the appointee can competently

handle the immediate matters in a lawyers’ practice. For example, a family law lawyer might not be the

best pick for a tax attorney. Remember, this lawyer will support your clients’ interests during a tense

time of uncertainty. Make sure the appointed lawyer can handle that potentially stressful time.

1B: Check for Conflicts

A successor in a similar, but non-overlapping practice area would minimize conflicts of interests

and other ethical considerations. A lawyer has a duty to protect the confidentiality of client

information.This extends to former clients and for pending matters.The death or disability of the

designating attorney does not trigger representation of the appointed lawyer.In fact, the appointed

lawyer cannot represent transitioning clients if there is a conflict of interest, absent informed

consent.The succeeding attorney will necessarily run a conflicts check on all transitioning clients.If the

appointed attorney has a conflict of interest with the deceased or disabled attorney’s clients, he or she

will be unable to “review confidential information when transferring files.”Although conflicts can be

waived by informed consent, that process is timely and the weeks after a sudden death or disability are

time sensitive. Until the conflicts are resolved the client’s interests are neglected, jeopardizing

immediate concerns such as statutory deadlines. Thus, if possible, the appointed attorney should be an

attorney in a similar but non-overlapping area.

1C: Discuss Fees

By definition, unexpected death or disability cannot be planned. Depending on the designating

attorney’s level of organization, the appointed attorney could be stepping into a chaotic mess.

Organizing the chaos could take a significant amount of time. As a matter of practicality, decency and

respect, it is best to talk about fees before beginning the agreement.In states that require a succession

plan, like South Carolina, the state ethical rules allow for the designation plan to set out a fee-sharing

arrangement.See §3-501.5 for Nebraska fee-sharing rules.

Write it Down

Step 2: Put it in Writing

Once a successor is identified and the successor agrees to the responsibility, get the

arrangement memorialized in writing. The writing should include the successor’s contact information,

cover the scope of the arrangement, provide access information, and outline the steps the appointed

attorney should take in the event of death or disability.

2A: Detail Contact Information

In the event of death or incapacitation, the sooner the appointed attorney is notified, the

better. By including contact information on the agreement, family or friends can more quickly contact

the appointed attorney.

2B: Include Passwords, Access Codes, Keys, etc.

The appointing attorney cannot rely on staff or family to know or find passwords to computers

or software. This information should be provided in the emergency plan to prevent delay.The passwords

and other private access codes can be sealed in the plan until the triggering event kicks the plan into

motion. As such, the written agreement should be stored in a safe place, preferably in the same place as

a will and/or power of attorney document.

2C: Keep it Safe

A succession plan is ineffective if no one knows about it. After reaching agreement with the

successor, the designating attorney should notify staff, family members, and heirs about the succession

plan.The plan should be kept in an accessible location like a lockbox or safe. Preferably, this should be

the same place as a will, power of attorney, or other significant documents that would be accessed in

the event of death or disability.

Respect Client Interests

Step 3: Let the Client Know

3A: Notify the Client of the Plan

With a plan written and ready for disaster, the designating attorney should notify his or her

clients of the existence of the emergency plan. The attorney can do this via an engagement letter,

advising the client that an emergency plan is in place and will be triggered if the attorney dies or

becomes disabled.

3B: (Optional) Request Client Consent

Further, the engagement letter could request approval of the succeeding attorney’s

representation. The succeeding attorney does not automatically represent the clients on death or

disability of the designating attorney. However, the succeeding attorney can represent the clients if the

clients give their informed consent.The client controls the scope of representation and attorney

authority. Thus, through informed consent, the designating attorney and succeeding attorney can

request authority from the designating attorney’s clients requesting permission to implement efficient

steps should the designating attorney die or become disabled.

Step 4: Safeguard Client Property (Files and Fees)

Client property, like trust funds and work product, must be protected in the event of death or

disability. The appointed attorney may need to return this property to the clients.If the emergency plan

does not designate these duties to the appointed attorney, the funds or other property may go into

receivership. In Illinois, the court may appoint an attorney to perform the function of receivership and

the conservator is entitled to payment from the attorney’s assets or estate.The same scheme could be

possible in Nebraska. Poring through old client files could be very time consuming because each file

must be reviewed individually.Thus, planning for this contingency could prevent hassle to family,

friends, and heirs.

Maintain the Plan

Step 5: Update the Plan

A plan is useless if it falls out of date. The succeeding lawyer needs to make a habit of updating

the plan regularly; be it monthly, quarterly, or yearly.For each of those updates, the lawyer should

update passwords, contact information, access codes, and other pertinent information necessary for

access.

Step 6: Stay Organized

Many attorneys operate on a system that works for them. It may be one in which, nothing is

ever lost but that doesn’t mean it is easily found. This “system” could be a nightmare for the succeeding

attorney. Upon death or disability, the succeeding attorney would immediately step in and protect the

client’s immediate interests facing dismissal. If the incapacitated lawyer’s system is illegible,

disorganized, or structure-less, missed deadlines and malpractice claims could result. Although rare,

these malpractice claims could be levied against the lawyer’s estate. The best practice is to get

organized and stay organized.

Conclusion

Disability can happen quickly and without warning. Mortality is a sensitive subject. While we are

hesitant to contemplate disability, incapacity and our own mortality, it is an escapable reality. By

planning for the uncertain, we can bring peace of mind when contemplating our own death or disability.

Just a few small steps now can vastly improve the transition for our colleagues, family, and friends

should something unexpected happen to us. By making a plan, we can protect a legacy built over

decades of hard work.

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PRACTICAL & ETHICAL SUCCESSION PLANNING

FOR LAWYERS IN GREATER NEBRASKADan LindstromJacobsen, Orr, Lindstrom & Holbrook, PC, LLOKearney, Nebraska

“Life moves pretty fast. If you don’t stop and look around once in awhile, you could miss it” – Ferris Bueller

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SUCCESSION PLANNINGTHE WHAT AND THE WHY

A plan to identify, develop and replace an attorney in the event of retirement, death, disability, impairment or incapacity.

Ethical, practical protection of the interests of your firm and your clients. Issues: Avoid missed deadlines, disciplinary and malpractice problems

Avoid unhappy, confused and angry clients

Avoid problems for staff, family members and others left to pick up the pieces

May include preservation of existing client relationships, staff employment.

Sophisticated clients may insist that you have a plan in place as a condition of future engagement to ensure that there is no reduction in level of service


“Hope” is not an effective plan

A plan is of importance to solos, small firms and large firms.

All members of a firm, including lawyers and staff, should participate in planning.

Some states require a succession plan for solos—most, including Nebraska, do not.

Most of our discussion today will focus on small and solo lawyers.

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THINGS TO CONSIDER:

While many of us engage in planning for and with our clients, e.g.: Estate Planning Retirement Planning Business Planning Succession Planning

Only about 5% of law firms in the US have a Succession Plan

Nearly 75% of law firms dissolve after the founding partners retire

One law practice management expert says that it takes an average of 5 years for a client relationship to be transferred to another lawyer

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LAWYER SCENARIOS:

Solo: Takes over another retiring lawyer’s files: found in the shed in the backyard.

Solo: Associates with another firm in contemplation of slowing down and when satisfied his clients are being properly cared for, takes final steps to transfer clients to the new firm, then fully retires.

Two person firm: “The last one to leave can turn out the lights….”

Four or person firm: No plan. The young lawyers leave in frustration.

10 person firm: Litigation partners plan for gradual withdrawal, then retire on the desired timeline.

Documents: Death/Retirement Buyouts language causes firm to dissolve upon retirement of senior partners.

WHY DON’T LAWYERS PLAN? ONE WORD: DENIAL

Smart and Talented, but also Fearless, Bulletproof, Ego-centric: “Still believe that 20 year old who resides between your ears.”

Lawyers (like Farmers) often do not see an ending to their career

“Retirement” is not in their vocabulary

Don’t know what they’ll do or how to start planning for it

Identity: “Attorney” defines not what they do but who they are

Disability Issues, Impairment Issues and End of Life Issues are often ignored until it is too late….

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THE NEBRASKA RULES: COMPETENCY

§ 3-501.1 “A lawyer shall provide competent representation to a client. Competent representation

requires the legal knowledge, skill, thoroughness, preparation and judgment reasonably necessary for the representation.”

§ 3-501.1 - Comments [6] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes

in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

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THE NEBRASKA RULES: DILIGENCE

§ 3-501.3 “A lawyer shall act with reasonable diligence and promptness in

representing a client.”

§ 3-501.3 comment 5 “To prevent neglect of client matters in the event of a sole

practitioner's death or disability, the duty of diligence may require that each sole 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.”

THE NEBRASKA RULES: REPRESENTATION

§ 3-501.2 (a) . . . a lawyer shall abide by a client's decisions concerning the objectives

of representation and . . . shall consult with the client as to the means by which they are to be pursued.

§ 3-501.2 – Comment 1 [1] Paragraph (a) confers upon the client the ultimate authority to

determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer's professional obligations.

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THE NEBRASKA RULES: SALE OF PRACTICE

§ 3-501.17 A lawyer or a law firm may sell or purchase a law practice, or an area of

law practice, including good will, if the following conditions are satisfied:

(a) The entire practice, or the entire area of practice, is sold to one or more lawyers or law firms;

(b) The seller gives written notice to each of the seller's clients regarding:

(1) the proposed sale;

(2) the client's right to retain other counsel or to take possession of the file; and

(3) the fact that the client's consent to the transfer of the client's files will be presumed if the client does not take any action or does not otherwise object within ninety (90) days of receipt of the notice.

PUT YOURSELF IN THEIR SHOES:

Imagine you are dead. Imagine trying to organize your practice as a newcomer upon the scene:

Would you be able to manage your cases?

Where would you start?

Would you easily find what you need?

Could you get into the computer?

Could you access email?

How would you manage deadlines?

How would you get paid?

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WHAT IS AT STAKE?

Failure to plan opens the door to negligence or malpractice claims.

Unexpected death or disability may not be a valid defense in all cases

Malpractice claims could reach into estate or partnership

Sanctions also possible in severe cases

CREATING A PLAN: THE BASICS

1. Find a Peer

2. Write it Down

3. Notify your Clients

4. Safeguard Client Property

5. Update the Plan Regularly

6. Stay Organized

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Find a BuddyA designated attorney should be:

• Willing

• Competent

• Limited in Conflicts

• Trustworthy

Discuss FeesHow long would it take you to sort through your current case load?

§ 3-501.5(e) allows for lawyers to divide fees if:

• It is proportional

• The client agrees

• It is reasonable

Discuss a fee arrangement so there are no hard feelings.

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WRITE THE PLAN DOWN

Include the designated attorney’s name and contact information

Include your access information like passwords, pass codes, and other instructions for accessing protected information.

Keep it Safe It is recommended that you keep the plan in the same place as your will or

equivalent places

Tell someone! Make sure your family, office staff, and the designated attorney know where you are

keeping the plan.

NOTIFY THE CLIENT

Clients should appreciate that you are planning for contingencies

Let them know the existence of an emergency plan via an engagement letter

Outline what events would trigger the plan and who will step in to take care of their matters

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SEEK CLIENT CONSENT (OPTIONAL)

Depending on your practice and your relationship to your appointed attorney, you may want to request client consent for the appointed attorney

Under § 3-501.2, the client has the authority to choose representation

By obtaining client consent, the appointed attorney who steps in would be able to immediately start representing the client on pressing client matters

SAFEGUARD CLIENT PROPERTY

Under § 3-501.15, we have an obligation to safeguard property of clients and third persons. Records of account funds and property held must be held for 5 years after termination of representation.

Client Files: are property of the client and must be returned to the client upon request. See Neb. Ethics Op. 12-09. Create a file closing, retention and destruction policy now.

For more detailed guidance, see ABA Formal Opinion 471.

Trust Account Records: must be kept for 5 years after termination of representation. See Neb. Ethics Op. 12-07.

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UPDATE THE PLAN & STAY ORGANIZED

An old plan can become a useless plan

Schedule an update to the plan regularly – monthly, quarterly, etc.

This ensures the purpose of the plan is realized – in the face of the unexpected someone will take care of your clients.

Keep a system that isn’t cryptic so your appointed attorney can easily parse through your case load

THANKS TO:

Minnesota Lawyers Mutual Insurance Co. for supplying to seminar attendees copies of their booklet: “Succession Planning, A Malpractice Insurance Company’s Perspective”

Jacobsen Orr summer law clerk David Fuxa for his valuable assistance in preparing materials for this program.

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QUESTIONS?

Contact: [email protected]

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