Ohio Mandates Law Practice Succession Plans
Succession planning is a critical component of managing a legal practice, ensuring protection for clients, the attorney’s professional interests, and the integrity of the judicial system. This planning is indispensable if an attorney becomes unable to continue their practice due to death, disability, or disciplinary action.
For solo practitioners, the importance of a succession plan cannot be overstated. An unforeseen disability or passing could disrupt client representation, with unanswered calls, unopened correspondence, missed deadlines, and potentially severe consequences. Such events also raise questions about the future of staff employed by the firm.
Surviving spouses and family members often face financial and administrative uncertainty when a law firm closes suddenly due to the attorney’s death or incapacitation. A well-crafted succession plan can mitigate these risks, providing clarity and stability during challenging times.
Starting January 1, 2025, the State of Ohio requires private practice attorneys to disclose whether they have a plan to address their workload in the event of temporary or permanent incapacity.
Comment [5] to Rule 1.3 of Ohio’s Rules of Professional Conduct underscores that sole practitioners have a duty of diligence that may necessitate preparing a plan to designate a competent attorney to assume representation in such cases.
Whether mandated or not, having a succession plan is a prudent measure for any attorney. It safeguards client interests, ensures continuity of service, and protects the value of the practitioner’s law firm.
For private practice attorneys exploring succession planning or contemplating retirement, assistance is available to help design strategies that protect your clients, your practice, and your legacy. If you’d like to discuss how we can support your planning needs, we’re here to help. Contact Charles Boyk Law Offices at 419-241-1395.
