ILNews

IBA: Planning Ahead for Solo or Small Firm Lawyers

Back to TopCommentsE-mailPrintBookmark and Share

You are an attorney in a solo practice or small law office, and you know from experience that your presence and attention are required daily. In fact, this state of affairs has repeatedly interfered with vacations and family events. Have you ever thought about what would happen if you were suddenly involved in an accident, or had an unexpected illness, or an untimely death? In such situations, how would your clients fare? Who would cover upcoming court dates? Who would guide clients to new counsel?

On the other hand, imagine you are a lawyer sitting in your office and a new client comes in saying her lawyer recently died and asking if you will handle her case. As you talk with her, you find out no one has been able to locate her files, so in order for you to take her case, you must start from scratch, which, unless you’re willing to work for less, brings up the question, will you charge her for work already done? What do you do now? Take it or turn it away? What if you take her case and find errors in the previous lawyer’s file?

You can find the answers to all these questions and more in “Planning Ahead: A Plan for Protecting Your Clients in the Event of Your Disability or Death,” published by the Indianapolis Bar Association. The book includes sections on why you have a duty to plan ahead and how to do it, frequently asked questions, checklists, sample forms, and helpful resources.

The book’s authors propose that competent legal representation includes making specific plans for how your clients’ cases are handled if you are no longer able to continue practicing law. In planning, you first need to find an attorney to close your practice or take it over until you are able to return. (In the book, this lawyer is called the assisting lawyer.) You and the assisting lawyer then determine the scope of his or her duty to you and your clients and sign a consent form authorizing that lawyer to perform all necessary activities, which might include the following:

• Contact your clients for instructions on transferring files

• Obtain extensions of time in litigation matters if needed

• Notify all relevant people about the closure of your practice

• Wind down your practice

• Collect fees on your behalf

• Liquidate or sell your practice

In addition to spelling out the issues and procedures related to closing a practice and those related to interruptions in a practice, the book discusses matters of ethics and subjects such as access to trust accounts, including contingencies for access and alternatives if you don’t want to allow access to your trust account.

For a free copy of “Planning Ahead” or more information about the book, contact the Indianapolis Bar Association by calling 317-269-2000 or email iba@indybar.org. If you know an attorney who needs the kind of help described in this article, you can also contact Terry Harrell, director of the Judges and Lawyers Assistance Program, by calling 317-833-0370.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

ADVERTISEMENT