Ellen Morrison Townsend: Who is going to walk into your office on Monday morning?

It is a question most lawyers would rather not answer.

About 10 years ago, I learned more about Indiana’s attorney surrogate rule than I ever expected to know.

At the time, our family was navigating the transition of a long-established western Indiana law practice that had served its community for nearly 50 years. Fortunately, there was time to prepare. The office was somewhat organized. The files were orderly, and the veteran legal secretary was still around to provide institutional memory. The clients were known. Even so, the experience provided a practical education that no CLE, law school class or practice manual could have offered.

Like many lawyers, I had heard of Indiana’s attorney surrogate rule. I had never given it much thought. Most lawyers haven’t.

The rule is found in Indiana Admission and Discipline Rule 23, Section 27. It is part of the Indiana Supreme Court’s attorney admission and disciplinary framework and is designed to protect clients when a lawyer dies, becomes disabled, disappears or is otherwise unable to continue practicing. It is one of those subjects lawyers rarely discuss until they suddenly need it.

What surprised me most was learning that Indiana is actually ahead of the curve in this area. National organizations and commentators have recognized Indiana’s attorney surrogate framework as one of the most comprehensive in the country. Unlike in many states, Indiana’s rule provides a detailed framework governing appointment, authority, client protection, confidentiality and qualified immunity for attorneys who agree to serve as surrogates.

That immunity provision is important.

One of the first questions many lawyers ask is whether agreeing to serve as an attorney surrogate exposes them to liability for simply stepping in to help. Indiana’s rule addresses that concern by providing qualified immunity for attorneys acting under the rule, thereby encouraging experienced lawyers to assist when clients and families need help the most.

That probably will not make the list of things Indiana is famous for alongside Hoosier hospitality, high school basketball, the Indianapolis 500, the Indiana State Fair, pork tenderloins or sugar cream pie. But it is something Hoosier lawyers should be proud of.

More importantly, it is something Hoosier lawyers should understand.

The attorney surrogate rule is not really about lawyers. It is about clients.

When a lawyer can no longer practice, client deadlines do not disappear. Trust accounts do not close themselves. Files do not organize themselves. Courts still expect filings. Clients still need answers.

Indiana’s rule provides a mechanism for an attorney surrogate to step in, secure files and computer systems, communicate with clients, seek extensions when necessary, protect trust accounts and help ensure that legal matters do not simply fall through the cracks.

In many respects, the attorney surrogate rule is the legal profession’s version of a business continuity plan.

The question every lawyer should ask is not whether they will someday leave practice.

Every lawyer eventually leaves practice. The question is whether there is a plan.

Would someone know where the files are located?

Would someone know how to access the calendar?

Would someone know which matters require immediate attention?

Would your family know whom to call?

Those are not particularly exciting questions. They are also some of the most important questions a lawyer can ask.

Indiana lawyers can designate an attorney surrogate through the annual attorney registration process, yet many lawyers have never taken that step.

One of the lessons from serving as an attorney surrogate was learning that rules are important, but relationships matter too. Judges, court staff, lawyers and local communities all play a role in helping clients navigate difficult transitions.

That is one reason the Indianapolis Bar Association’s Well-Being Committee and Common Circles initiative are so valuable. Strong professional communities are built before they are needed. The attorney surrogate rule provides the framework. Professional relationships provide the practical guidance that helps make the framework work.

Indiana got the rule right.

The challenge for the rest of us is making sure we have a plan before we need it.

Attorney Surrogate Planning Checklist:

• Review Indiana Admission and Discipline Rule 23, Section 27.

• Designate an attorney surrogate and confirm that person is willing to serve.

• Maintain a current list of active matters, key deadlines and client contact information.

• Ensure someone knows how to access office systems, calendars, trust account records and electronic files.

• Discuss the plan with family members, partners or staff so they know whom to contact if an emergency occurs.•

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Townsend is a partner at Due Doyle Fanning & Alderfer LLP.