IndyBar: Planning Ahead for Solo and Small Firm Lawyers

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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 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.•


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.