Closing A Practice
Leigh Burgess State Bar of Georgia leighb @ gabar . org
Many of you have imagined the day when you will take down that shingle and shut the door to your law practice for the last time . Whether you have a post-retirement trip around the world planned or are facing health concerns and want to be prepared in the event you become unable to work , you need to take the time now to consider the ethical obligations in winding down a law practice .
It is important to keep Rules 1.3 and 1.4 of the Georgia Rules of Professional Conduct in mind as you get closer to that last day . Rule 1.3 requires that you act with reasonable diligence in representing a client meaning you cannot abandon or willfully disregard the legal matters your clients have entrusted to you . Rule 1.4 ( a )( 3 ) requires you to keep you clients reasonably informed about the status of their cases .
“ Upon making the decision to close your practice , you should set a target date so that you can create deadlines for completing many of the tasks that will be required .”
Upon making the decision to close your practice , you should set a target date so that you can create deadlines for completing many of the tasks that will be required . One of your first tasks will be to prepare an inventory of client files and records . You will need to notify your active clients of your plans and advise them of the need to retain new counsel . Your clients may ask you to recommend a new attorney , and while you should be prepared to recommend successor counsel , be sure you make it clear that the selection of a new attorney is the sole decision of the client .
In cases pending before a tribunal , keep Rule 1.16 in mind . Rule 1.16 ( c ) requires that when you withdraw , it shall be done in compliance with applicable laws and rules . Rule 1.16 ( d ) requires that upon termination of representation , you take steps to protect a client ’ s interests such as giving reasonable notice to the client , allowing time for employment of other counsel , surren-
12 November 2017