An attorney who decides to close their practice should consult the “Guidelines for Closing or Selling a Law Practice” on the State Bar website, as well as the California Rules of Professional Conduct (“CRPC”), as amended.  For example, CRPC 1.16 sets forth obligations when terminating client relationships, including taking reasonable steps to avoid reasonably foreseeable prejudice to the client and releasing client property and unearned fees.  The attorney may help identify successor attorneys (or an attorney to cover in an emergency), mindful of the need to preserve client confidences (CRPC 1.6), avoid conflicts of interest (CRPC 1.7), and obtain client consent.

An attorney who has no immediate plan to close their practice should consider identifying in advance an attorney to serve as their “practice administrator,” who will take over the practice if the attorney dies or is unable to continue due to disability, incapacity, or other inability to act. The advance appointment may be accomplished using a form entitled “Agreement to Close Law Practice in the Future,” available on the State Bar website.

If a practice administrator has not been identified in advance, a court may name one.  Under Business and Professions Code §6180, et seq. and §6190, et seq., the court can assume jurisdiction over an attorney’s practice, and appoint a new attorney to wind down the practice, if there are unfinished client matters for which no other active member of the State Bar has agreed to assume responsibility.  Section 6180 applies where the original attorney has died.  Section 6190 applies where the attorney “has, for any reason, including but not limited to excessive use of alcohol or drugs, physical or mental illness, or other infirmity or other cause, become incapable of devoting the time and attention to, and providing the quality of service” as necessary to protect the client’s interests.

For further information, as well as the Guidelines for Closing or Selling a Law Practice, the Agreement to Close Law Practice in the Future, and a cognitive screening test, see https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Ethics/Senior-Lawyers-Resources.

The above is provided by BASF Ethics Committee members David A. Wolf and Robert R. Cross. Brevity remains the soul of wit based on the Bulletin’s existing word count limitations.