Lawyers have a legal and ethical obligation to fulfill the full scope of our client’s legal needs—even if we are unable to do so ourselves. That’s not just our position as attorneys in California and as a firm that regularly represents other law firm owners; that’s the position of the State Bar of California.
As a law firm owner, partner, or lawyer, you understand the responsibility you have to your clients. They rely on you not just for legal guidance but for consistent representation throughout their cases. However, what happens if something unexpected prevents you from practicing law?
Whether it’s sudden illness, disability, retirement, or death, without a succession plan in place, your clients may be left without critical legal support. This isn’t just a recommendation—it’s an ethical obligation. The State Bar of California has made it clear that law firms must have a plan to ensure client matters are handled properly, regardless of circumstances.
A Lack of Law Firm Succession Planning Exposes Clients to Risk
“A lawyer who does not properly plan or prepare for both anticipated and unexpected departures from the practice of law may expose clients to significant damage or prejudice.”
The State Bar’s opinion states, in no uncertain terms, that the failure to establish a business succession plan directly impacts clients and can leave them in a vulnerable position. Without a succession plan (or, at the very least, a business continuity plan) in place, clients may struggle to access their case files, be forced to miss deadlines, or experience costly disruptions in their legal matters.
For example, consider a business owner seeking representation in a high-stakes contract dispute. If their attorney suddenly becomes unavailable with no transition plan, the client may lose crucial time or even face case dismissal. Having to change course in the middle of your case to an entirely different firm or representative could not only create significant up-front costs but also cripple the position of the client in question. The State Bar’s position reinforces that lawyers must anticipate these risks and take action to prevent client harm.
Are You Committing Reckless/Gross Negligence?
“It is reasonable to conclude that ‘reasonable diligence,’ as defined, includes making sure that client interests are protected in the event of a lawyer’s inability or unavailability to practice law, and failure to do so may be viewed as reckless or gross negligence.”
The State Bar’s position goes even further than just stating general ethical obligations of succession planning; it goes so far as to suggest there could be legal implications for failing to do so. This statement highlights the seriousness of failing to plan for succession as a California law firm owner. As legal professionals, our duty is to protect those we serve. The State Bar of California considers neglecting to prepare a succession plan as more than an oversight—it may be seen as reckless or grossly negligent.
The damages of not having a plan in place fall onto the clients of your firm. If you don’t have a plan in place, they are likely to suffer significant statutory and punitive damages—and the only recourse is to pursue the entity or individual(s) that failed to prevent this harm.
Establish a Law Firm Succession Plan That Meets Your Legal and Ethical Obligations
Every California law firm, regardless of size, must implement a comprehensive succession plan today. Protecting clients should be our top priority in the legal industry, ensuring they receive continuous legal representation even in unforeseen circumstances. The State Bar of California has set clear expectations, making this a legal and ethical requirement, not just a best practice. Contact Dahl Law Group today to discuss your succession planning needs and ensure your firm remains compliant while safeguarding your clients.
Dahl Law Group
