Exploring the Ethical Imperative: A Lawyer's Duty in Succession Planning and Practice Closure
What are a lawyer’s ethical obligations to engage in succession planning?
NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction.
Proposed Formal Opinion Interim No. 20-0002 (Succession Planning) interprets Rules interprets rules 1.1, 1.3, 1.4, 1.7, 1.9, 1.15, 1.16, 1.18, and 5.1 of the Rules of Professional Conduct and Business and Professions Code sections 6068, subdivision (e)(1), and 6185.
The Opinion advises that, under certain circumstances, a lawyer may have a duty to engage in succession planning to protect client interests in the event the lawyer is unable to continue practicing law. While there is no specific Rule of Professional Conduct requiring that California lawyers develop or adopt a succession plan, existing rules—including the duties of competence and diligence—obligate lawyers to take reasonable steps to protect the clients’ interests during the course of the representation. This would include taking affirmative steps to plan for an interruption or cessation of practice, voluntary or otherwise.
The Opinion explains that there is a risk of prejudice to clients when their lawyer is unable to continue practicing law, either temporarily or permanently, and that this risk applies to all lawyers. This discussion-format talk with Russell Jackman, Esq. and Don Mccrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.
The Center for Continuing Education, (CCE), is a State Bar of California MCLE Approved Provider. Since 1992, CCE has presented high quality MCLE programs with the nation's leading attorneys and a wide array of topics. After years of in-person traditional seminars, CCE now focuses on production with Zoom or similar technologies so as to attract highly renowned speakers from any location, always true to our motto: "The Best in Topics and Talent."
Owner of Calmputer Consulting Services
Russell Jackman, Esq. lives in Novato, CA. He is a graduate from Redwood High in 1985, UCSD (Warren College) 1990 and the McGeorge School of Law 1993. He is a member of the State Bar of CA. He has been working with computers since 1977 and is committed to seeing people being united with both the right technology combined with the knowledge and skills to use it effectively. - Owner: Calmputer Consulting Services - Owner: Linked Local Marin (Marin County’s largest online networking group, 8500 members!) - Former General Counsel for: Paul Blacno Used Car Dealership Group (CA & NV) - Participated in SF Trial Lawyer Association’s “Trial of the Year” 2011 (Miller v CPMC) - Professor, College of Marin, Cal State Hayward, St. Mary’s & SF State - 2004-2005 Vice Chair: CA St Bar Law Practice Management & Technology Committee - Head Technology Trainer, Weil Gotshal & Manges - MCLE Lecturer 1999-present - Author, Introductory Chapter in the CEB Publication, “Internet Guide to CA Lawyers 2001”
Don McCrea, PhD is currently president of Your Business Legacy, a consultancy focused on coaching family and small business owners to a successful exit from their business when they retire. He has over 30 years of consulting experience with both small businesses and global corporate businesses developing custom solutions to a variety of business problems in many different industries. Don has previously served as consultant to UC Berkeley’s College of Engineering as Director, Strategic Alliances and UCLA’s Anderson School of Management as Director of Custom Solutions for Executive Education Programs. He has 30 years of experience with Fortune 100 computer companies (NCR Corporation, Unisys, Digital Equipment Corporation) and the Department of Defense as a senior consultant, systems designer, senior systems development manager, product manager, and senior marketing and sales manager. He holds a Ph.D. in Executive Management from the Peter F. Drucker Graduate School of Management at Claremont Graduate University and an M.S. in Mathematics from the University of Michigan. His AB degree in Mathematics is from Humboldt State University.
