Rule 1.17 of the Rules of Professional Conduct, which deals with the sale of a law practice, is a restraining force in law practice succession planning. There are good reasons for this rule, such as putting our clients’ interests before our own, but no other profession faces the restrictions an attorney has when selling a law practice.
The thought of mentoring junior attorneys can be a restraining force in itself. Some of you are probably thinking, “Been there, done that!” having invested in a junior attorney (or more than one) who then opened their own practice, joined another practice or wasn’t a good match after all. But even given what seems like a daunting task, it can be done.
Because attorneys are problem-solvers, our services are in ever-increasing demand. Many of us baby boomers and our parents are living longer and facing many living options in our retirements, as well as health issues.
The primary reason why law practice succession planning is needed is to protect an attorney’s clients and their interests. We need to ask ourselves, “If I slow down, retire, close my office, become disabled or die, who will make sure that my clients’ legal needs are served?”
Law practice succession planning is the development and implementation of a plan to protect a law practice’s clients and continue its legal legacy. In some ways, it is coming to terms with the fact that our legal careers are finite.