Succession Planning for Lawyers Part 6: Make or Break скачать в хорошем качестве

Succession Planning for Lawyers Part 6: Make or Break

Breaking down the five key ethical rules—diligence, communication, safeguarding client property, confidentiality, and competence—that make or break effective succession planning. Learn how proper planning protects your clients, ensures compliance with the rules of professional conduct, and safeguards your reputation. Don't leave your practice's future to chance—find out how to create a robust succession plan today. Key Takeaways: Necessity of Succession Planning: Succession planning should not be viewed as optional due to ethical obligations and the need to protect clients' interests. Duty of Diligence: Rule 1.3 requires attorneys to act with reasonable diligence and promptness in representing clients. A succession plan is essential to ensure clients' matters and rights are not put at risk if the attorney becomes unable to practice. Duty of Communication: Rule 1.4 mandates attorneys to keep clients informed about the status of their matters and enable them to make informed decisions. Having a successor attorney is crucial for compliance with this rule if the original attorney is no longer available. Duty to Safeguard Client Property: Rule 1.15 requires attorneys to properly safeguard client funds and property. Without a succession plan, there may be no one with the authority or information needed to manage client trust accounts and property. Duty of Confidentiality: Rule 1.6 requires attorneys to prevent unauthorized disclosure of client information. Leaving specific instructions for secure communication and file transfer protocols to ensure compliance with this rule in the attorney's absence is paramount. Duty of Competence: Rule 1.1 requires competent representation, including planning for foreseeable events such as disability, incapacitation, or death. Having a succession plan is part of being a competent lawyer. Consequences of Ignoring Succession Planning: Dismissing the importance of succession planning could lead to unintended consequences, including harm to clients and damage to the attorney's reputation.