Practice Management: Ohio and Michigan Rules on Succession Planning
Succession planning is essential for every lawyer’s practice. A succession plan proactively protects clients, attorneys’ interest in their law practices, and the judicial system in the event the attorney becomes unable to represent their clients because of death, disability, or discipline.
The need for a succession plan is particularly critical for sole practitioners as an untimely disability or death of the lawyer could create a significant lapse in representation. Calls could go unanswered, email and mail could go unopened, deadlines could be missed, and severe consequences could result. Thought must be given to what would happen to staff.
Additionally, surviving spouses or other family members who are dealing with the death or major disability of the lawyer could be thrown into financial uncertainty by the closing of the firm.
Michigan is one of the few states that mandate all private practice attorneys designate an attorney capable of taking on certain duties in the event the attorney becomes unable to practice law or enroll in the State Bar’s Interim Administrator Program – where an attorney will be assigned.
Ohio does not expressly mandate a succession plan, but the Supreme Court has recently amended its rules to require (starting January 1, 2025) attorneys engaged in the private practice of law must disclose whether they have a plan in place to manage the attorney’s work or caseload in the event the attorney becomes unable to practice law, either temporarily or permanently.
Comment [5] to Rule 1.3 of the Rules of Professional Conduct provides that in order to prevent neglect of client matters in the event of a sole practitioner’s disability or death, the duty of
diligence may require sole practitioners to prepare a plan that designates another competent lawyer assume representation.
Regardless of whether having a succession plan in place is mandated or not, it is prudent and in the best interest of clients and the practitioner. If you are a private practice attorney wanting more information on succession planning or have been considering future retirement from the practice of law, we would be interested in talking with you on how we may be able to help you protect your clients, your practice, and even add additional value.
