dering papers and property to which
the client is entitled, and refunding
any advance payment of fee that has
not been earned. these clients to pick up copies of their
files if they wish, and make arrange-
ments for turnover, storage or confi-
dential destruction of the closed files.
Make sure you inform each client of
any time limitations or deadlines in
their particular cases. If your client
has identified a successor attorney,
gather the file and prepare a transfer
memo so that you can transfer the file
to that new attorney. For your clients
who have not yet identified a succes-
sor attorney, make arrangements for
those clients to pick up copies of their
files. For clients with active cases, pro-
vide them with an accounting and
a statement of any amounts owed.
Take steps to ensure the settlement
of client accounts is done promptly
even if some pending cases may not
be resolved or collected until after
representation is resolved. If you intend to sell your law practice,
Rule 1.17 provides ethical guidelines.
You may sell a law practice, including
goodwill, if the practice is sold as an
entirety to another lawyer or firm,
actual written notice is given to each
client, and the fees charged will not
be increased by reason of the sale.
The actual written notice must inform
the clients of the proposed sale, the
terms of any proposed change in the
fee agreement, the client’s right to
retain other counsel or take posses-
sion of the file.
Along the same lines, make an inven-
tory of all funds and property in your
operating and trust accounts. Make
sure you reconcile your bank state-
ments and identify which funds are
due to your clients and which funds
are due to third parties. Remember
that per Rule 1.15(I)(a), complete re-
cords of your trust accounts must be
preserved for a period of six years after
termination of the representation.
If there are unclaimed client funds in
your trust account, you may remove
the remaining funds and deliver them
to the custody of the State of Georgia
in accordance with the Disposition of
Unclaimed Property Act if you have
first exhausted all reasonable efforts
to locate the rightful recipient. See
Georgia Rules of Professional Conduct
Formal Advisory Opinion 98-2.
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When you make the decision to close
your practice, studying the relevant
ethical rules and creating a plan and
timeframe for accomplishing neces-
sary tasks will ensure the process is a
smooth one and will protect both you
and your clients.
▪
Useful Resources
These resources were used in prepar-
ing this article and may provide ad-
ditional guidance to you as you wind
down your practice:
Closing Your Law Practice: Ethical
Considerations, ABA (February 2017)
The Basic Steps to Ethically Closing a Law
Practice, Illinois Attorney Registration
and Discipline Commission
Plan Ahead for Closing a Law Practice;
Lawyers Mutual Liability Insurance
of Company of North Carolina ( July
2016)
For those clients with closed cases,
notify them of your intention to close
your practice and advise them of your
retention policy. Arrange a time for
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER
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