practitioners do not have a succession plan, comforting themselves that“ someone will figure everything out when the time comes.” But without the plan, this“ someone” usually will be the State Bar.
Planning is an Act of Care, not Fear
When an attorney passes away without naming a successor, the law practice does not simply fade quietly into the night. Instead, the State Bar intervenes, with horns and blue lights on. A Supreme Courtappointed receiver steps in to secure files, review trust accounts, notify clients, and assess active matters. This is not the Bar being dramatic— it is a necessity because deadlines, client funds, and ethical obligations do not disappear when the lawyer does and becomes an“ absent lawyer” under Bar Rule 4--228. Receivership is not patronizing- it is preserving your finances and your reputation.
Receivership is“ legal triage”
The attorney-receiver appointed by the Court has never met your clients, is not familiar with your filing system( or the lack thereof), and is trying to decipher your practice, serving your clients and the justice system. Clients, understandably, are confused and anxious, and your family may be left wondering why your“ successful law practice” has suddenly become a compliance project. In short, if you do not name a successor, the State Bar will name one for you – and it might not be the best person for the job. Receivership never looks good on your law practice. Instead, it can signal a lack of care for your most important assets: your clients and your reputation. Estate and business succession planning is not about being morbid— it is about being responsible.
Planning is an Ethical Act, not an Exit Strategy
This is why estate and business succession planning are not optional. They are professional courtesy. A proper plan allows you to name a successor attorney— someone you trust— to step in and handle client matters, communicate with courts, manage trust accounts, and help transition or wind down the practice. Think of it as choosing your own understudy rather than letting one be assigned mid-performance. A successor attorney is different from a designated attorney, whom you name on your dues form with the State Bar. A designated attorney does very little beyond assisting with the return of client files and helping survivors wrap up the practice. A successor attorney is someone who“ succeeds” you in your practice. That means much more involvement in the business side of your practice.
IN THE PROFESSION
head( and your head only). Personal and professional assets are often intertwined. You are the one signing the checks, managing the cases, and remembering which client prefers email and which one only answers the phone on Tuesdays. Without a plan, bank accounts can be frozen, staff may go unpaid, and clients may learn about your passing from a court notice instead of a trusted colleague.
Planning is Protection, not Punishment
Importantly, succession planning also protects your family. Most spouses and children are not eager to sort through client files, learn trust accounting rules, and navigate ethical obligations while grieving. Like a personal will, a written plan gives them clarity, authority, and relief from having to guess what you would have wanted.
Georgia’ s ethical rules emphasize diligence, communication, and safeguarding client property. In practice, that means giving staff clarity and direction. Your clients, too, deserve more than a“ We will figure it out.” Planning for incapacity or death is simply an extension of your professional duties. The phone in your office will still ring when you are gone. A thoughtful succession or contingency plan addresses who notifies clients, who has temporary authority over files and trust accounts, how client matters are transferred or closed, and how confidentiality is preserved. It ensures your colleagues and clients are cared for, your reputation remains intact.
Where Theory meets Practice
For a deeper dive into business succession planning designated attorneys, and receivership, join us for a free joint CLE webinar on Monday, March 16, 2026, from 10:00 a. m. to 1:00 p. m., presented by the Judicial and Probate Sections of the Atlanta Bar Association in conjunction with the State Bar of Georgia. In this CLE, we will address, among other things,
• The ethical obligations triggered by death or incapacity
• Bar expectations and best practices
• How to choose and authorize a successor attorney
• Trust accounts, files, and confidentiality
• Practical pitfalls
More details and registration information will be available soon. For all inquiries, please email chloe. scott @ fultoncountyga. gov.
For small and solo firms, this planning is especially critical. You are the firm – no partners to step in, no colleagues to delegate to. Your“ system” is in your www. atlantabar. org THE ATLANTA LAWYER 11