PR for People Monthly September 2014 | Page 36

Many solo practitioners and small law firms spend countless hours helping others map out and plan for “what if” scenarios, but not enough plan for the “what if” scenarios that may affect them, their law firm and their clients should they suddenly die or become incapacitated.

These are things that every sole practitioner and small firm should plan for so that if, for any reason, they are unable to practice or handle day-to-day operations of their practice, there is someone who can step in as a successor.

If forethought and execution of a plan for a successor is not in place, an unplanned incapacitation or death of a client’s attorney may result in hardships and long delays for the client.

Every sole practitioner and small firm should have a policy in place to address what happens should they become unable to handle the duties of their law practice. Questions such as “Who will succeed me?” and “Do I want my practice to continue in the event I can no longer manage it?” should be answered before it becomes necessary to have answers to those questions.

Like most things in life, planning, organization and communication are the keys to determining how clients are served and by whom, should an attorney become incapacitated.

Plan ahead

The first step to making sure clients’ needs can be handled is planning. Determine who will succeed the attorney and plan how the client’s needs may be served by the successor.

Failure to name a successor prior to an attorney’s incapacitation or death can cause long delays to clients that can easily be avoided with careful planning.

There is a fine line in law that determines what

belongs to the client and what belongs to the attorney. Without proper thought as to how client matters should be

What Happens to an Attorney’s Clients Should the Attorney Die or Become Incapacitated?

By Nat Wasserstein