handled, the court must step in to make the decision.
The law mandates that finished work product belongs to the client, but what happens to unfinished work product? Those along with IOLTA accounts are referred to the court for decision on how best to handle.
By naming a successor and planning how a sole practitioner or small firm’s clients will be handled, attorneys are able to avoid many road blocks for their clients. Wills and power of attorneys allow the practitioner to detail a plan of action should there become the need of a successor attorney for their clients. Details in these documents should be well thought out, naming who, what, when, where and how a client’s needs should be met.
By planning carefully and outlining the details, clients are able to bypass the court through the elimination of unanswered questions. This allows the court, the succeeding attorney and the client to determine and understand how affairs should be handled in the event their attorney becomes unable to serve them.
Organize your files
Another important item to ensure that client’s needs are met is organization of the client files and accounts prior to needing a successor to step in and serve existing clients. To accomplish this, the practice should be organized while the attorney is still in practice.
Attorneys should make sure all office manuals, calendars, files and accounts receivables are detailed to ensure that a successor will have the latest information available for a smooth transition.
It is probably a good idea to name someone as manager to oversee this task. This allows small offices to have a system of checks and balances in place. Missing items and items that are in need of updating can be more easily identified with more than one person responsible. It’s also a good idea to go through the older and closed client files periodically so that all contact information is up to date should a successor need to contact a past client.
It is a good idea to audit files monthly to make sure all of this information is current and correct. A yearly audit of older files should be sufficient to ensure accuracy.
The last item for making sure clients are taken care of in the event an attorney dies or becomes incapacitated is to communicate your plan to all involved. Attorneys should make sure that their personal representatives, family members and employees understand what happens should something unforeseen happen. This helps everyone to understand what steps to take and lessens the worry about what happens to an attorney’s clients, should the attorney die or become incapacitated.
Nat Wasserstein is the Managing Partner of Lindenwood Associates, a strategic development and restructuring advisory firm helping owners of small- to medium-sized businesses navigate through times of change, redirection and financial distress. As an experienced attorney, Nat also provides personalized assistance to attorneys interested in purchasing or selling a law practice.
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Randy Woods is a writer and editor with more than 20 years of experience in the magazine publishing world, covering topics ranging from business to insurance to garbage hauling (yes, really). He also writes a job-search blog for the NWjobs.com section of the Seattle Times. A Maryland native, Randy relocated to “the other Washington” in 1997. When he’s not working, he likes to hide out in Seattle movie theaters and attend film festivals — even on sunny days.
Based out of Lincoln, Neb., Kindra Foster lives part-time in Houston and travels for about one-third of the year. Foster is a former speechwriter and senior aide to Nebraska’s governor; a senior writer for a Fortune 500 insurance company; a communications manager for an international manufacturing company; and longtime marketing, technical and political freelance writer. She now specializes in press, social media and travel writing. Learn more at fosterwriting.com and roadworkwriter.com.