Closing A Practice
Leigh Burgess State Bar of Georgia leighb @ gabar. org
Many of you have imagined the day when you will take down that shingle and shut the door to your law practice for the last time. Whether you have a post-retirement trip around the world planned or are facing health concerns and want to be prepared in the event you become unable to work, you need to take the time now to consider the ethical obligations in winding down a law practice.
It is important to keep Rules 1.3 and 1.4 of the Georgia Rules of Professional Conduct in mind as you get closer to that last day. Rule 1.3 requires that you act with reasonable diligence in representing a client meaning you cannot abandon or willfully disregard the legal matters your clients have entrusted to you. Rule 1.4( a)( 3) requires you to keep you clients reasonably informed about the status of their cases.
“ Upon making the decision to close your practice, you should set a target date so that you can create deadlines for completing many of the tasks that will be required.”
Upon making the decision to close your practice, you should set a target date so that you can create deadlines for completing many of the tasks that will be required. One of your first tasks will be to prepare an inventory of client files and records. You will need to notify your active clients of your plans and advise them of the need to retain new counsel. Your clients may ask you to recommend a new attorney, and while you should be prepared to recommend successor counsel, be sure you make it clear that the selection of a new attorney is the sole decision of the client.
In cases pending before a tribunal, keep Rule 1.16 in mind. Rule 1.16( c) requires that when you withdraw, it shall be done in compliance with applicable laws and rules. Rule 1.16( d) requires that upon termination of representation, you take steps to protect a client’ s interests such as giving reasonable notice to the client, allowing time for employment of other counsel, surren-
12 November 2017